Young v. Clark

Citations

• 22 Ohio C.C. Dec. 374

Syllabus

<p>ATTACHMENT AND GARNISHMENT.</p> <p>1. Plaintiff Averring Concealment of Property by Defendant, Who, on Motion to Discharge 'Attachment, Denies Truth thereof, has Burden to Establish Averment.</p> <p>An affidavit having been filed under R. S. 6523 (Gen. Code 10298) hy defendant in support of a motion to discharge an attachment denying the truth of an averment contained in the affidavit upon which the attachment was issued that he has property and rights in action which he conceals, one of the grounds prescribed hy R. S. 6489 (Gen. Code 10253), the burden is upon plaintiff to show by a preponderance of the evidence that his allegation in that behalf is true.</p> <p>2. Defendant’s Affidavit Averring Untruth of Plaintiff’s Averments for Attachment Treated as Denial.</p> <p>An affidavit hy defendant, averring that the affidavit of plaintiff upon which the attachment was issued is not true, must he accepted as a denial of the averment that the defendant has property and rights in action which he conceals.</p> <p>3. Evidence that Defendant is Head and Support of Family Ground for Discharge of Attachment.</p> <p>Evidence by defendant that he is the head and support of a family is ground for a discharge of an attachment, where not met by evidence of greater weight offered by plaintiff.</p>