Nichoson v. Erickson

Citations

• 56 Wash. 419
• 105 P. 836
• 1909 Wash. LEXIS 915

Syllabus

<p>Attachment — Dissolution—Burden of Proof. Upon motion to dissolve an attachment, attacking grounds upon which it was issued, the burden .of proof is upon the plaintiff to establish one of the grounds by a fair preponderance of the evidence.</p> <p>Same — Evidence—Sufficiency. An'attachment, granted on the .ground that the defendant was about to convert his property into money and place it beyond the reach of creditors, should be dissolved, where it only appears from the plaintiff’s evidence that the •defendant had offered to sell the property at a price exceeding what plaintiff considered its value, and was preparing to move, and refused to sell to plaintiff and allow a credit on the amount; the defendant having denied the indebtedness in toto; that he refused two -offers to sell his outfit at figures less than his price; only moved it a short distance, openly, and he testified he did not intend to sell.</p>