American National Bank of Lake Crystal v. Klist

Lides, C.

This is an appeal from an order denying defendant’s motion to vacate an attachment.' The affidavit for attachment specified as the ground thereof “that the said defendant has assigned, secreted or disposed of his property, or is about to do so, with intent to delay or defraud his creditors.” Defendant contends that the affidavit states two distinct grounds for attachment in the alternative and *69that it is bad for that reason. We are of tbe opinion that the contention must be sustained. It is well settled that if the affidavit alleges in the alternative or disjunctive two or more…