Pierie v. Berg
South Dakota Supreme Court
Appeal from circuit court, Minnebaha county. Hon. Joseph W. Jones, Judge. Action in attachment. From an order dissolving the attachment plaintiffs appeal. The facts are stated in the opinion. The denial of plaintiff’s affidavit for attachment puts the burden on them to sustain the grounds of attachment by further proof. Wyman v. Wilmarth, 46 N. W. 190; 1 S. D. 35; Benedict v. Ralya, 46 N. W. 188; Wilcox v. Smith, 55 Id. 1107.
1Opinion of the CourtFuller, J.
This appeal is from an order dissolving an attachment issued in an action by plaintiffs against defendants, to recover upon account of goods, wares, and merchandise sold by plaintiffs to defendants at a price named and agreed *579upon; and the statutory grounds for an attachment relied upon by appellants are recited in the affidavit upon which the writ issued, as follows: ‘‘That the defendants have assigned, disposed of, and secreted, and are about to assign, dispose of, and secrete, their property, with intent to defraud their creditors, and with the fraudulent intent to cheat and defraud their…
2Cases cited1 opinion
- Wyman v. WilmarthSouth Dakota Supreme Court · 1890
3Cited by3 opinions
- State v. PhillipsSouth Dakota Supreme Court · 1904
- State v. BrandellSouth Dakota Supreme Court · 1910
- Hood v. FaySouth Dakota Supreme Court · 1901