Mack v. McDaniel
United States Circuit Court
Attachment. The plaintiff sued out an attachment against the property Of the defendant. The affidavit for the attachment was based on the sixth subdivision of section 388, Gantt’s Digest, which declares the plaintiff may have an attachment against his debtor who “is about to remove, or has removed, his property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff’s claim, or the claim of said defendant’s creditors.”
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Attachment. The plaintiff sued out an attachment against the property Of the defendant. The affidavit for the attachment was based on the sixth subdivision of section 388, Gantt’s Digest, which declares the plaintiff may have an attachment against his debtor who “is about to remove, or has removed, his property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff’s claim, or the claim of said defendant’s creditors.” The defendant filed an affidavit denying the grounds of attachment. On the trial of this issue it was shown that the defendant was a…
1Opinion of the Court
Caldwell, D. J., (charging jury.)
Counsel for defendant have argued with earnestness and ability that the shipment of cotton out of the state by the defendant, though such cotton constituted a material part of his property, and though he may not have had left in the state enough property to satisfy his debts, is not a removal of his property out of the state within the meaning of the statute, because such shipment was made in tho usual course of business of the defendant, as a merchant, and was in accordance with the usual course of business of merchants generally in this country.
It is…
2Cited by2 opinions
- Rowell v. William Koehl Co.District Court, W.D. New York · 1912
- Simmons Hardware Co. v. Fighting Flames Co.Missouri Court of Appeals · 1909