Southworth v. Resing

Citations

• 3 Cal. 377

Syllabus

<p>On a rule to show cause why the arrest of a party ordered by the court on the allegation of fraud should not be vacated, the question of fact involved in it must be decided like any other fact, by the weight of evidence.</p> <p>To entitle a party to the remedy of arrest, it is not necessary that he should show positively the commission of a fraud. It is sufficient if the circumstances detailed would induce a reasonable belief that a fraud was intended.</p> <p>As a matter of practice, it is safest to award an arrest, even in cases of doubt, for the defendant is protected by his bond from abuse by the process; without which process the plaintiff may be remediless.</p>