Ex parte Yonetaro Fkumoto

Citations

• 120 Cal. 316
• 52 P. 726
• 1898 Cal. LEXIS 761

Syllabus

<p>Abbest in Civil Action—Insufficient Affidavit—Absence of Jurisdictional Facts.—An affidavit for arrest in a civil action, stating merely that the defendant had absented himself from his place of business, had given directions to pack the goods at his place of business, and that part of the goods so packed were removed to places unknown to the plaintiff, that defendant had received a large sum of money for insurance on goods destroyed by fire, and had sought to convert his goods by auction sales into cash, and was possessed of a large sum of money in cash, and was concealing himself, that plaintiff had ■sought him and could not find him, and that he intended to, and if not prevented by the court would, escape from the state of California with said money, and thus defraud and cheat plaintiff, does not state jurisdictional facts sufficient to justify an arrest, either upon the ground that defendant was about to depart from the state with intent to defraud his creditors, or upon the ground that he had removed or disposed of his property, or was about to do so, with intent to defraud his creditors.</p> <p>Id. —Fbaubulent Intent Must Distinctly Appear—Departure from Language of Statute.—The intent of the debtor to defraud his creditors must distinctly appear; and the statement that defendant “will escape from the state,” and thus “defraud and cheat the plaintiff,” is not the equivalent of the statutory requirement that he “is about to depart from the state with intent to defraud his creditors.” When the language of such a statute is departed from, the party must, at his peril, employ words of equivalent import, and a failure in this respect is fatal.</p> <p>Id.—Statement of Conclusion ob Belief without Proof.—The statement that the defendant “will escape from the state,” etc., is the mere statement of the conclusion or belief of the affiant, and without the statement of the facts from which such conclusion is drawn, or upon which the belief is founded, is not evidence