The Northwestern Reporter Volume 31 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ... 3. In an action for money had and received, to recover back money paid by plaintiff to defendant under a mistake of material facts, the burden of proving that circumstances exist showing that the situation of the party receiving the money has been so changed in consequence or the payment that it would be inequitable to allow a recovery, is upon the defendant, although there was negligence on the part of the person making the payment.--Walker v. Conant, (Mich.) 786. rieading. 4. In an action for money had and received, there need be no privity of contract alleged or proved, other than such as arises out of the fact that the defendant has received the plaintiff's money, which in equity and good conscience he ought not to retain.--Walker v. Conant, (Mich.) 786. ATTACHMENT. See Garnishment. Allowance and issue of writ by same person, see Office and Officers, 1. Appeal, waiver of, see Appeal, 14. Quieting title against fraudulent attachment, see Quieting Title, 8. When writ will issue. 1. An attachment affidavit which alleges that defendant "has assigned, disposed of, and concealed, and is about to assign, dispose of, and conceal, its property, with iptent to defraud its creditors, "is not fatally defective as maintaining two positions which are inconsistent. The statement is consistent; and, if one reason fails, it does not destroy the other.--Detroit Free Press Co. v. Drs. K. & K. U. 8. M. & 8. Ass'n, (Mich.) 537. Requisites of affidavit. 2. In a case commenced by attachment, the affidavit is necessary to confer jurisdiction; and, when it is made upon the ground that the affiant has good reason to believe, and does believe, that the defendants are about to assign their property with intent to defraud their creditors, he must furnish good...