Brickwood's Sackett on Instructions to Juries; Containing a Treatise on Jury Trials and Appeals with Forms of Approved Instructions and Charges Annotated Also Erroneous Instructions with Comment of the Court in Condemning Them (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ...has proved, by a preponderance of the evidence, the fraudulent intent, as charged in the affidavit, you should find the issues for the defendant.2 8 537. About to Depart from State--Burden of Proof. The court instructs the jury that the burden of proof is upon the plaintiff to establish, affirmatively, that the defendant was about to depart from the state, with the intention of removing his effects therefrom, at the date of the affidavit in question; and that a failure to establish, by a preponderance of proof, either the intention to remove from the state, or his intention to remove his property from the state, will entitle the defendant to a verdict.3 $538. Temporary Absence from the State Not Sufficient Ground, (a) The court charges the jury that the temporary absence of a debtor from the state, though he does not inform his creditors, does not authorize an inference prejudicial to his integrity, nor authorize an attachment against him or his property. (b) The court charges the jury that the absence of a debtor from his home does not subject his property to attachment upon the allegation that he absconds or secretes himself, and his neglect to inform a creditor of his intended absence does not alone authorize the latter to resort to the extraordinary remedy of attachment. (c) If L. left his usual place of business and abode with the intention of again returning, and without any fraudulent intent, then his absence was not that of absconding in the meaning of the law.4 539. Debtor About Fraudulently to Dispose of Property--Burden of Proof, (a) The jury are instructed that, upon the issue 2--Lord v. Defendorf, 54 Wis. the state, though he does not in496, 11 N. W. 903. form his creditors, does not per 3--Hawkins v. Albright, 70 111. se authorize the ...