White v. Leszynsky

Citations

• 14 Cal. 165

Syllabus

<p>Where, under the 4th Section of the Attachment Act of 1858, defendant puts in issue the truth of the facts alleged in the affidavit, to wit: “that defendant was about fraudulently to convey his property, to hinder, delay, or defraud, creditors ; ” proof, that defendant was able to pay the debt, that he put plaintiff off from time to time, and threatened to assign his property for the benefit of his creditors, if sued, is sufficient to go to the jury on the question of fraud.</p> <p>And, a verdict for plaintiff will not he disturbed. The statute does not contemplate conclusive proof of the intention to commit a fraud.</p>