 | Nathan Howard, New York (State). Supreme Court - 1856
...upon which an order for the arrest of a defendant, in an action upon a contract, may be made, is, that the defendant has been guilty of a fraud in contracting...incurring the obligation for which the action is brought. , Cady, President, &c., agt. Edmonds and others. (Code, 179, sub. 4.) Frauds are various, ancf diversified... | |
 | Wisconsin - 1856
...this state, or against a defendant who has absconded or concealed himself ; or CHAPTER 120. 161 ;he action is brought, or in concealing or disposing of the property, for the takitag, detention or conversion of which ie action is brought ; or When the defendant has removed... | |
 | William H. R. Wood - 1857 - 871 Seiten
...or clerk, in the course of his employment M such, or by any other person in a fiduciary capacity. 3. either branch of the legislature; 4. When the defendant has removed, concealed or disposc-d of his property, or is about to do so, with... | |
 | Nathan Howard, New York (State). Supreme Court - 1857
...defendant to put them in issue. It is provided in the Code, that a defendant may be arrested when he has been guilty of a fraud in contracting the debt,...incurring the obligation for which the action is brought, &c. (§ 179, sub. 4.) In those cases, where the action was simply to recover the debt, and nothing... | |
 | Nathan Howard, New York (State). Supreme Court - 1857
...Whether the order appealed from should be affirmed, depends upon the question, whether the defendant was guilty of a fraud in contracting the debt, or incurring the obligation for which this action is brought. The order was made and is attempted to be sustained on the ground that the... | |
 | Austin Abbott - 1858
...his debt is satisfied or discharged." It being apparent to my mind, from the facts before me, that the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which this action is brought, it follows that it is a proper case to hold him to bail, whatever may be the... | |
 | Nathan Howard, New York (State). Supreme Court - 1858
...would have or might have been assumpsit, an arrest now can clearly be made, for this is an action where the defendant has been "guilty of a fraud in contracting the debt," &c. But when the form of the remedy, in respect to a fraud, would have been case, under the old system,... | |
 | George Ripley, Charles Anderson Dana - 1859
...personal property where it is concealed or kept out of the reach of the sheriff; and in cases where the defendant has been guilty of a fraud in contracting the debt or in avoiding the payment of it. In tie «xcepted cases there may be an arrest by an order of a judge,... | |
 | American cyclopaedia - 1859
...personal property where it is concealed or kept out of the reach of the sheriff; and in cases where the defendant has been guilty of a fraud in contracting the debt or in avoiding the payment of it. In the excepted cases there- may be an arrest by an order of a judge,... | |
 | Nathan Howard, New York (State). Supreme Court - 1859
...incurred " in office," or by a "person in a fiduciary capacity," or where the party has otherwise " been guilty of a fraud in contracting the debt or incurring the obligation." (See 3 Met. R. 522, 526 ; 2 Stephens' Com. 186, 187, and note; 1 Bur. Die. p. 342 ; 1 ED Smith's Rep.... | |
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When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or... 
