Finch v. Armstrong

Citations

• 9 S.D. 255
• 68 N.W. 740
• 1896 S.D. LEXIS 153

Syllabus

<p>1. An affidavit for discharge of an attachment issued on an affidavit stating that defendant “is” about to dispose of his property to defraud creditors denying that defendant “is” about to so dispose of his property, is sufficient, as the affidavit relates retrospectively to the time when the suit was instituted or the affidavit for attachment made.</p> <p>2. Comp. Laws, Sec. 4995, Subd. 3, authorizing the issuance of an attachment where the “debt” was incurred for property obtained under false pretenses, and Sec. 5014, Subd. 2, providing that a creditor may bring an action on a claim, and have an attachment against the property of the debtor, when the debt was incurred for property obtained under false pretenses, authorize the issuance of an attachment in an action on a matured or immatured debt incurred for property obtained under false pretenses.</p> <p>3. Laws 1895, Chap. 67, authorizes the issuance of an attachment against a foreign corporation which has not complied with the requirements of Chapter 47, as to the appointment of state agents on whom service of process may be made, or against a non-resident defendant, or against a defendant who has absconded, etc., but does not mention the subject of attachments for debts incurred by false pretenses, and repeals all inconsistent acts. Held, that Comp. Laws, Sec. 4995, Subd. 3, and Sec. 5014, Subd. 2, authorizing the issuance of attachments on a matured or immatured debt incurred by false pretenses, were not repealed. Haney, J., dissenting as to matured debts.</p>