49 Ala. 293 | Ala. | 1873
— The suit was for damages, on an attachment bond. The attachment was procured on an affidavit alleging that the plaintiff had moneys, property, or effects liable to satisfy his debts, which he fraudulently withheld. The plaintiff was permitted to prove that he “ was a man of large means, and had, at the time the attachment was sued out, a large amount of property about him, and under his control, claiming it openly and notoriously as his own.” This is the first exception. As the issue was the fraudulent withholding of property, how better could the plaintiff disprove the accusation than by showing a large amount of property in his possession, subject to, and sufficient for, the payment of his debts ? The amount, description, value, &c., of his pr9perty, were matters of proper, if not indispensable, inquiry. There was no error in the admission of the testimony.
The judgment is affirmed.