Chaffee v. Runkel, Rowley & Co.
Chaffee v. Runkel, Rowley & Co.
Opinion of the Court
“That the defendant is about to assign, sell, and dispose of its property with intent to defraud its creditors, and especially this plaintiff,” is the ground upon which an attachment issued; and this appeal is from an order overruling á motion to discharge such attachment, made by the defendant corporation, and supported by the affidavits of its president and other officers having charge of a sawmill; which, together with other machinery used in connection therewith, was, by virtue of the writ, levied upon, In opposition to the motion,
“That the court erred in allowing the sheriff of Meade county to file an amended return, containing an inventory of the attached property,” is the only remaining contention of appellant’s counsel. The return, which was made and filed within .the 20 days allowed by Section 4999 of the Compiled Laws, de" scribes the property attached as “one sawmill, consisting of carriage, husk, and saw, one boiler, one engine, one bolter, and one lath mill, ” but contains no statement of “the estimated value of the several articles and kinds of personal prop erty,” as required by the foregoing statutory .provision; and to supply such omission the amendment complained of was allowed. Under the liberal terms of Section 4938 of the Compiled Laws, providing that, in the furtherance of justice, process may be amended before and after judgment, the application to amend presented a matter clearly within the exercise of a sound judicial discretion; and we conclude, in the absence of
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- 3. On an issue as to whether a debtor was about to dispose of its property with intent to defraud its creditors, affidavits showed that the debtor was largely indebted for work and labor, and had tried to induce plaintiff, a laborer, to enter into a sham purchase, to prevent his co-laborers from obtaining a lien on the property to be sold; that afterwards the debtor repeatedly informed plaintiff and his co-laborers that, unless they resumed work, it would use all means to place its property so that they could get nothing for the money due them. One not a party to the action made affidavit that after the laborers quit work the debtor sold part of its property to a son-in-law of one of its officers, who had no capital, and that he believed such sale a sham: that said officer said in the presence of affiant 1 hat, if the, laborers who quit work did not go back to work, the debtor would arrange its affairs so that the laborers would never g-et the pay for their past work. Such statements were corroborated in every particular, though controverted by the, debtor. Held, to sustain the burden of showing- that the attachment, on its merits, was warranted. 2. Allowing the sheriff to file ah amended return of the attached property, which added the estimated value of the articles attached, is within the sound judicial discretion of the trial court, both under general practice, and under Comp. Lawn.