HINDI V. DURAN, 1922-NMSC-048, 28 N.M. 162, 207 P. 1084 (S. Ct. 1922)
HINDI
vs.
(DURAN, Intervener)
No. 2701
SUPREME COURT OF NEW MEXICO
1922-NMSC-048, 28 N.M. 162, 207 P. 1084
July 01, 1922
Appeal from District Courrt, Torrance County; Ed Mechem, Judge.
Action by William Hindi against Dionisio Duran, in which Maria S. Duran intervened. From judgment dismissing attachment, the plaintiff appeals.
SYLLABUS
SYLLABUS BY THE COURT
Evidence examined, and held to sustain finding of trial court.
COUNSEL
Lauglin & Barker, of Santa Fe, for appellant.
W. P. Harris, of Vaughn, for appellee.
JUDGES
Davis, J. Raynolds, C. J., and Parker, J., concur.
OPINION
{*162} {1} OPINION OF THE COURT A writ of attachment was issued in this case based upon an affidavit charging that the defendant, appellee here, was about fraudulently to dispose of his property, and had fraudulently disposed of his effects, so as to hinder, defraud, and delay his creditors. These allegations were denied by an answer. After hearing the evidence the court entered judgment dismissing the attachment. This appeal was then taken, and the argument is made here that the uncontradicted proof was sufficient to sustain the allegations of the {*163} attachment affidavit. We have reviewed the evidence and agree with the trial court that it was not sufficient. The judgment is therefore affirmed; and it is so ordered.