Brafman & Son v. Asher

Blandford, Justice.

The attachment was sued out, under §3293 of the code, for purchase money. The affidavit set out the ground of attachment that the goods were in the possession of Samuel Levy, “who holds the same for the benefit of Julius Asher, or in fraud against A. Brafman & Son.” A motion was made to dismiss the attachment upon the ground that the grounds of the attachment were not sworn to positively. The court sustained the motion and dismissed the attachment, and plaintiffs excepted, and this is the error assigned here.

If a debtor brought himself within all the grounds for which the…