First National Bank v. Buchan

Supreme Court of Minnesota

First National Bank v. Buchan

78 N.W. 878, 76 Minn. 54, 1899 Minn. LEXIS 535

CourtSupreme Court of Minnesota

DecidedApril 21, 1899

DocketNos. 11,505—(49)

StatusPublished

Cited by1 cases

This text of 78 N.W. 878 (First National Bank v. Buchan) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First National Bank v. Buchan, 78 N.W. 878, 76 Minn. 54, 1899 Minn. LEXIS 535 (Mich. 1899).

Pincite

Opinion

COLLINS, J.

Appeal from an order vacating and setting aside a writ of attachment and a levy thereunder, which writ was issued upon an affidavit in which it was averred that defendant had assigned, secreted and disposed of a portion of his property, and was about to assign, secrete and dispose of the balance thereof, with intent to delay and defraud his creditors. An examination of the affidavits used upon the hearing of the motion to vacate discloses a conflict of evidence as between the parties, and in such a case the determination of the court below is conclusive, unless there is a clear preponderance of evidence opposed to that determination. Finance Co. v. Hursey, 60 Minn. 17, 61 N. W. 672. Surely, the preponderance here was not in plaintiff’s favor.

Order affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

COLLINS, J.

Appeal from an order vacating and setting aside a writ of attachment and a levy thereunder, which writ was issued upon an affidavit in which it was averred that defendant had assigned, secreted and disposed of a portion of his property, and was about to assign, secrete and dispose of the balance thereof, with intent to delay and defraud his creditors. An examination of the affidavits used upon the hearing of the motion to vacate discloses a conflict of evidence as between the parties, and in such a case the determination of the court below is conclusive, unless there is a clear preponderance of evidence opposed to that determination. Finance Co. v. Hursey, 60 Minn. 17, 61 N. W. 672. Surely, the preponderance here was not in plaintiff’s favor.

Order affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

78 N.W. 878, 76 Minn. 54, 1899 Minn. LEXIS 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-buchan-minn-1899.

Opinion

Related

Cite This Page — Counsel Stack