36 A FEDERAL Rnronrnn.
Gentlemen, the further responsibility of the case now rests with you.
You will take it, give the evidence patient and full consideration, and
decide the issue according to the justice thereof, as shall appear to
you from the evidence.
The jury returned a verdict of $6,500 for the plaintiff which, upon
motion, the court refused to set aside. {
CUM1s and another v. WORTSMAN•
(Ulreult Oourt, 8. 1). Georgia, E'. D. November Term, 1885.)
1. A·r·rAomvrENr—FRAun—CLA1MANr—BURDEN or- PROOF.
On a proceeding by attachment against a debtor fraudulently conveying or
concealing his property, where a claim is interposed, the rule is the same as
to the burden of proof as in other claims.
2. BA.uE—-TnAvEasE AFTER JUDGMENT.
Where a defendant in attachment has not traversed the grounds of attach·
ment after a judgment against the defendant, the claimant cannot traverse.
· At Law.
Charles Nephew West and Wade Hampton Wade, for plaintiff.
Garmrd dl Melelrtm, for claimant.
Senna, J., (orally.) When this question was presented on yesterday,
I had doubt whether or not we were proceeding regularly. It occurred
to me that the plaintiff here was to show ailirmatively that the prop-
erty levied on was subject to the attachment by proof of the allega-
tions in the petition, under this section of our Code, it beingla new
feature in our attachment law. This section (Code Ga. § 3297) pro-
vides that whenever a debtor shall sell or convey or conceal his prop-
erty liable for the payment of his debt, for the purpose of avoiding
the payment of the same, or whenever a debtor shall threaten or pre-
pare so to do, his creditors may petition the judge of the superior
court of the circuit where such debtor resides, if qualihed to act, and,
· if not, the judge of any adjoining circuit, fully and distinctly stating
his grounds of complaint against such debtor, and praying for an at-
tachment against the property of such debtor liable to attachment,
supporting his petition by affidavit or testimony, if he can control the
same. And the statute further provides that such judge may then
grant an attachment in the usual form, and directed as usual, which
shall be executed as existing laws provide, subject to existing laws
as to traverse, replevy, demurrer, and other modes of defense. It
also provides that the judge may, if he deems it more proper under
the circumstances of the case as presented to him, before granting
such attachment, appointa day on which he shall hear the petitioner
and the party against whom the attachment is prayed as to the pro-
priety of granting such attachment, and, if satisfied upon such hear-