Zeigler v. Cox

Citations

• 63 Ill. 48

Syllabus

<p>1. Attachment—affidavit—fraud. An affidavit for an attachment under the act of I860 set forth that the defendants, “within two years prior to the filing of the original affidavit in this cause, fraudulently conveyed and fraudulently concealed their property and effects, so as to hinder and delay their creditorsHeld,, that the affidavit was good on motion to quash, and that under it the plaintiff would be required to prove that the fraudulent acts -were to his injury.</p> <p>2. Same—variance. The objection of a variance between the affidavit and writ must first be made in the court below, where the opposite party can have his right of amendment.</p>