56 Wash. 426 | Wash. | 1909
This is an appeal from an order dissolving an attachment. The affidavit for attachment, after stating the formal matters required in such cases and particularly describing certain real property, alleged the ground of attachment as follows: “Which said real estate the defendant is about to convert into money for the purpose of placing it beyond the reach of his creditors.” The affidavit in support of the motion to dissolve the attachment averred, among other things, that, “He [the defendant] has at no time attempted to sell any of his property for the purpose of placing it beyond the reach of his creditors, or at all, that he has at all times desired his creditors to receive the full amount to which they are entitled,” etc. A counter affidavit filed by the appellant averred that, on the 17th day of November, 1908 (the attachment issued two days later), the respondent “Had a tentative agreement or contract, to sell the property upon
In our opinion there was a direct and explicit denial of the ground of attachment set forth in the original affidavit, and the court committed no error in the ruling complained of. The order discharging the attachment is therefore affirmed.