Keigher v. McCormick
Supreme Court of Minnesota
This action was commenced in the District Court for Bamsey county. The plaintiff sued out a writ of attachment, on the ground that the plaintiffs were in danger of losing their debt unless an attachment should issue. The defendant made a motion to dissolve the' attachment, based upon the affidavit upon which the writ was granted, the writ of attachment, and counter affidavits.
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This action was commenced in the District Court for Bamsey county. The plaintiff sued out a writ of attachment, on the ground that the plaintiffs were in danger of losing their debt unless an attachment should issue. The defendant made a motion to dissolve the' attachment, based upon the affidavit upon which the writ was granted, the writ of attachment, and counter affidavits. Upon the hearing of said motion, the plaintiff also presented further affidavits in support of the writ. The motion was denied, and from the order denying the same, the defendant appeals to this court. The facts…
1Opinion of the Court
By the Gowrt
McMillan, J.
The attachment in this case was issued under section 144, of chapter 60, of the Comp Stat. "We are of opinion that the affidavits in the case do not establish what is technically a fraud on the part of the defendant as to the plaintiffs, his creditors. If sustained at all, it must be under the last clause of the section cited, which is in the following language: “or for any other good and sufficient reason he will be in danger of losing the same [debt] unless an attachment issue.” It is a fundamental rule of construction, that effect must be given to every part of a…
2Cases cited1 opinion
- Curtis v. MooreSupreme Court of Minnesota · 1859