Wyoming Reports Volume 15

Wyoming Reports Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...It may be that the referee is correct, and that no cause of action exists in favor of the plaintiff against the defendant, but that question cannot be tried in this summary mode, but must be disposed of in the regular way on the trial. Were the rule otherwise, the cause would in effect be tried on its merits on a mere motion to vacate the attachment." In Newell v. Whitwell, 16 Mont., 243, it was held that it was not within the scope of the inquiry on a motion to dissolve an attachment to try the merits of the main action. In the opinion in that case a number of cases are cited and discussed. (See also Miller v. Chandler, 29 La. Ann., 88; Romeo v. Garofalo, 25 N. Y. App. Div., 191; Kirby v. Colwell, 81 Hun (N. Y.), 385; Chouteau v. Boughton, 100 Mo., 406.) In the case at bar we think it must be assumed for the purposes of the motion that a cause of action exists in favor of plaintiff against defendants for damages in the sum claimed for trespass and for consuming and destroying his property; and that the only question presented by the motion on this ground is, whether the acts of defendants which caused the alleged damages were in their nature fraudulent or criminal. The circumstances of the transactions out of which plaintiffs cause of action arose, may be enquired into although they may involve some of the facts upon the merits; but such inquiry is for the purpose of determining whether grounds for the attachment exist and not whether there is or is not a cause of action. The evidence on the charge that defendants were about to dispose of their property or a part thereof with intent to defraud their creditors was probably insufficient to sustain that charge; and, as we have said, we do not understand counsel to rely much thereon;...show more

Product details

  • Paperback | 194 pages
  • 189 x 246 x 10mm | 354g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236792424
  • 9781236792426