Noyes v. Lane

Citations

• 1 S.D. 125
• 45 N.W. 327
• 1890 S.D. LEXIS 16

Syllabus

<p>Where a warrant of attachment was issued upon an affidavit charging- that defendant “has sold, assigned, and disposed of aportionof his property with intent to defraud his creditors, and is about to sell and dispose of other of his property with like intent,” a statement in defendant’s affidavit, on motion to discharge, -‘that he lias never entertained any notion of selling and disposing-of, or assigning- any of, his property with intent to d( fraud his creditors,” is not a good denial of the second allegation of the attachment affidavit, but a denial “that he intended to sell or dispose of his property only in the regular course of trade, at retail,” held sufficient to throw the burden of proof upon the plaintiff.</p> <p>(Syllabus by the Court.</p> <p>Reporter: A rehearing was granted in this case, and upon the ground that the court had considered the case from the original papers used in the court below and not as presented in the abstracts, and that while the original affidavit for attachment failed to charge secretion the abstract showed it did so charge, the court overruled its decision and reversed the order appealed from.</p>