Myers v. Farrell

Citations

• 47 Miss. 281

Syllabus

<p>1. Attachment — “about to remove.33 — If the debtor entertains a purpose, and is making preparations to carry it out, to remove himself or property out of the state with the intent not to pay his debts, his creditors are entitled to the writ of attachment. Further than this, any attempt to fix a definite rule as to any time within which the inquiry is to be limited, would be hurtful in practice, and might defeat the remedy in meritorious cases.</p> <p>2. Same — object op the remedy. — “ About,33 is an ordinary word, of no artificial or technical significance, and should receive, in attachment proceedings, the rendering given to it in common parlance. All that is necessary, is that the “ cause33 on which the attachment rests shall oxist at the time the writ is sued out. The leading purpose being, from the beginning, to enforce a remedy for creditors, by proceedings in rem} against non-resident, absconding and fraudulent debtors..</p> <p>3. Same — construction.—As the devices and practices of those who set about cheating and defrauding, are almost infinite in variety and fertility, courts should be cautious in laying down rules of interpretation which may be evaded and make the success of such schemes more easy. Powell v. Matthews, 10 Mo. 49; Montague v. Gaddis, 37 Miss. 453.</p> <p>4. Same. — If the purpose to remove exists, and may be carried out in one, two, tbreo or several weeks, or months, and the object be to evade or delay creditors, the writ may issue. And this purpose, like all other motives, may be inferred from the speeches, acts, and conduct of the party, although his movements may not be characterized by “fright,33 “speed33 or “haste.33</p> <p>5. Measure op damages for wrongful attachment. — In a case where it is conceded or manifest that there was no malice or intention of oppression on the part of the plaintiff or his agent who impetrates the writ, the damages, if any, should ho limited to those actually sustained.</p> <p>6. Same. — And in such case