Taylor v. Crow Motor Car Co.

Citations

• 16 Ohio N.P. (n.s.) 557

Syllabus

<p>Attachment — Does Not Lie on the Ground, the Debt'Was Fraudulently Contracted — Where the Rights of the Parties Rest on Contract Rather than Tort.</p> <p>1. An attachment does not lie on the ground the indebtedness sued on was fraudulently contracted, where it appears that possession of the money which is the subject of the attachment was acquired under the provisions of a contract and title thereto is claimed by the holder under the terms of the said contract.</p> <p>2. An attachment against a foreign corporation can not be based upon the mere conclusion that the defendant being a foreign corporation is not exempt from attachment; but the affidavit, unaided by the petition, must affirmatively set forth the facts which afford exemption under the statute.</p>