Augè v. Variol 1 Mann. Unrep. Cas. 224

No. 7085.

Jean Augè vs. M. Variol.

The honest and sincere belief of an attaching creditor that his debtor is disposing, or is about to dispose, of his property with the purpose of defrauding or injuring his creditors, will not justify an attachment unless the fact be as the creditor believes it to be.

The circumstance that appearances indicated such conduct and intent on the part of the debtor, and gave ground for the belief of the creditor, will be properly considered when damages are claimed for levying the attachment.

Appeal from the Sixth District Court of New Orleans. Rightor, J.

Vborhies and Pilie for Plaintiff and Appellant. Tissot for Defendant.