Hornick Drug Co. v. Lane

Citations

• 1 S.D. 129
• 45 N.W. 329
• 1890 S.D. LEXIS 17

Syllabus

<p>1. A motion to discharge a warrant of attachment should be refused unless the defendant, or other moving party, denies the existence of every statutory ground alleg-ed in the affidavit upon which the warrant was issued.</p> <p>2. Where the warrant is issued upon an affidavit alleging, among other statutory grounds, that the defendant has secreted and is about to secrete his property with intent to defraud his creditors, and the defendant on motion to discharge, controverts ail the allegations of the affidavit except that of secretion, leaving that unnoticed and undenied, the motion to discharge should be refused.</p> <p>3. The practical effect of denying- a part of the allegations only, is to leave those undenied as though confessed.</p> <p>(Syllabus by the Court.</p>