W. H. Hobbs Supply Company v. David Ernst

On October 21, 1953, plaintiff commenced an action against the defendant for goods sold and delivered. An affidavit for and
a writ of attachment were served at the same time. The affidavit for the writ sets forth the debt and alleges that defendant
fraudulently contracted it in that he falsely stated to a representative of plaintiff when the goods were purchased that the
owners of a concern known as Outer's Laboratories would 'back him up financially'. An amended affidavit was later served in
which the facts are set up in more detail. No attack is made upon the judgment entered in the main action, the defendant having
admitted the debt. The issues made by the affidavits and the traverse were tried to the court without a jury. Trial resulted
in judgment entered in June 29, 1954, declaring that the attachment made by the sheriff pursuant to the writ is valid and
awarding costs of the trial of the traverse to the plaintiff. Defendant appeals. GEHL, Justice.