Potter v. Graham
Potter v. Graham
Opinion of the Court
Opinion by
This proceeding was commenced under the act of 1869 relative to fraudulent debtors. The merits of the plaintiff’s claim were conceded, while grounds for the attachment were abundantly shown on the motion to dissolve. The fraudulent design
Considered as an appeal from the action of the court refusing to dissolve the attachment, it could not be sustained as that was a matter of discretion. The proceeding by attachment is in the nature of a motion for summary relief addressed to the sound discretion of the court below. The testimony taken on the motion to dissolve the attachment was for the information of that tribunal on the rule to dissolve; and is not to be considered in the subsequent proceedings. While we do not review testimony thus taken, we may say that in the present case the court was entirely justified in discharging the rule. There is nothing before us to show any abuse of discretion on this question. The sufficiency of bonds, the validity and regularity of their execution and the solvency of bondsmen are questions peculiarly for the court whose duty it is to pass upon them. The opinion of the court in this case shows that complications arose through the action of the defendant which might operate unjustly, had the bond which was presented been approved. The approval or disapproval of the bond was clearly a matter of discretion, in the exercise of which no misuse of power appears. The objection to the entry of judgment has no substantial basis. The plaintiff filed a statement under the practice act
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.