Park v. Armstrong

Citations

• 9 S.D. 269
• 68 N.W. 739
• 1896 S.D. LEXIS 152

Syllabus

<p>1. An affidavit for the discharge of an attachment, issued on an affidavit alleging 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.</p> <p>2. On motion to discharge an attachment issued on the ground that defendant has disposed of and is about to dispose of his property to defraud creditors, the burden is on plaintiff to show by a fair preponderance of the evidence the existence of the grounds.</p> <p>3. On such a motion, evidence merely that a chattel mortgage was given by defendant before the purchase of the goods, which was not recorded until afterwards, is insufficient to show fraud. '</p>