Guile v. McNanny
Supreme Court of Minnesota
An application was made to a court commissioner for Dodge county, for a writ of attachment against the property of the defendant, which was granted, and the writ issued. A motion was made by the defendant, to the district court for said county, to vacate the attachment, which was granted; and from the order granting such motion, plaintiff appeals to this court. The onlj point raised is as to the sufficiency of the affidavit, and is fully stated in the opinion of the court.
1Opinion of the Court
By the Court
MoMillaN, J.
This is an appeal from an order setting aside an attachment against the property of the defendant. The affidavit upon which the attachment was allowed states as the ground of the attachment, “ that the said defendant has assigned, secreted or disposed of, or is about to assign, secrete or dispose of his property with intent to delay or defraud his creditors.”
The statute provides that an attachment may be allowed whenever the plaintiff, his agent or attorney shall make affidavit * * * that the defendant * * * “ has assigned, secreted or disposed of, or is about to…
2Cited by5 opinions
- International State Bank v. GamerSupreme Court of Minnesota · 1979
- Heaton v. Panhandle Smelting Co.Idaho Supreme Court · 1919
- Dayton Brass Castings Co. v. GilliganDistrict Court, S.D. Ohio · 1920
- Brown v. Minneapolis Lumber Co.Supreme Court of Minnesota · 1879
- Lomin Corp. v. KohlheppCity of New York Municipal Court · 1934