Wyoming. Rev. Stat. (1857), ģ

66

§ 1.

Nevada.-Gen. Stat. (1885), § 3095, subs. 1.

"In an action to recover damages for a personal injury."

New York.-1 Birds. Rev. Stat. (1596), p. 106, § 2, subs. 2.

Removal or Disposal of Property.— "When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors."

California.-Code Civ. Proc. (1886), § 479, subs. 5.

Idaho.-Rev. Stat. (1887), § 4241, subs. 5.

Montana.-Code Civ. Proc. (1895), 801, subs. 5.

Nevada.-Gen. Stat. (1885), § 3095, subs. 5.

North Carolina.-1 Code (1883), § 291, subs. 5.

North Dakota.-Rev. Codes (1895), 5304, subs. 5.

New York.-1 Birds. Stat. (1896), p. 107, § 2, subs. 4.

Oregon.-1 Hill's Anno. Laws (1892), p. 247, 108, subs. 5.

South Carolina.-Code Civ. Proc. (1882), 200, subs. 4.

Utah- -2 Comp. Laws (1888), § 3261, subs. 5.

Washington.-2 Hill's Anno. Stat. (1891), § 229, subs. 5.

"That the defendant has removed or begun to remove any of his property out of the jurisdiction of the court with intent to defraud his creditors."

of, his property, or a part thereof, with intent to defraud his creditors."

Kansas.-Gen. Stat. (1889), § 4231, subs. 4.

Michigan.- -2 How. Anno. Stat. (1882), § 8753, subs. 3.

Nebraska.-Cons. Stat. (1893), ģ 5386, subs. 4.

New Jersey-Gen. Stat. (1895), p. 2543, § 58, subs. 3.

Ohio.-Rev. Stat. (1894), § 5492, subs. 4. Oklahoma. subs. 4.

Stat. (1893), § 4026,

Pennsylvania.-Bright. Pur. Dig. (1894), p. 68, § 54.

West Virginia.-Code (187), p. 722, 30, subs. 3.

Wyoming.-Rev. Stat. (1887), § 2840,

subs. 4.

· That he has begun to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors."

Kansas.-Gen. Stat. (1889), § 4231, subs. 2.

Nebraska.-Cons. Stat. (1893), § 5386, subs. 2.

Ohio.-Rev. Stat. (1894), § 5492, subs. 2. Oklahoma. subs. 2. West Virginia.-Code (1887), p. 732, 30, subs. 2. Wyoming. Rev. Stat. (1887), § 2840, subs. 2.

- Stat. (1893), § 4026,

to

Where defendant is justly indebted plaintiff in a sum exceeding fifty

§ 1.

"In all actions of covenant and account, and actions on verbal contracts or assumpsits at law, where the defendant has concealed, assigned, removed or disposed of his property with intent to defraud plaintiff."

Illinois.-Starr & Curt. Anno. Stat. (1896), p. 504, § I.

Action for Injury to Property."Where the action is for wilful injury to property, knowing the property to belong to another."

Idaho.-Rev. Stat. (1887), § 4241, subs. I.

Montana.-Code Civ. Proc. (1895), 801, subs. I.

North Dakota.-Rev. Code (1895), § 5304, subs. I.

Oregon.-1 Hill's Anno. Laws (1892), p. 247, § 108, subs. 1.

Utah.-2 Comp. Laws (1888), § 3261, subs. I.

"Or where the action is for injury to property accompanied by violence.' Delaware.-15 Laws of Del., c. 180, § 1. "Or for injuring, or for wrongfully taking, detaining, or converting prop

erty.

North Carolina.-1 Code (1883), § 291, subs. I.

North Dakota.-Rev. Codes (1895), Í 5304, subs. 1.

Oregon.-1 Hill's Anno. Laws (1892), p. 247, 108, subs. 1.

-2 Hill's Anno. Stat.

& B. Anno.

Washington.(1891), § 229, subs. I. Wisconsin.-2 Sanb. Stat. (1889), § 2689, subs. I. "In actions to recover damages for an injury to property, including the wrongful taking, detention, or conversion of personal property.'

New York.- Birds. Rev. Stat. (1896), p. 106, § 2, subs. 2.

Concealment of Property, or Rights of Action." That he has property, or right of action, which he fraudulently conceals."

Kansas.-Gen. Stat. (1889), § 4231, subs. 3.

Pennsylvania.-Bright. Pur. Dig. (1894), p. 67, § 54. West Virginia. - Code (1887), p. 722, 30, subs. 4. Wyoming. Rev. Stat. (1887), § 2840, subs. 3.

"Where the defendant has money, or securities for money, or evidences of debt, in the possession of himself, or of others for his use, and is about to depart from this state without leaving property sufficient to satisfy the plaintiff's claim."

Kentucky.-Bullitt'sCode(1895),9153. Fraud." When the defendant has been guilty of fraud in contracting the debt or incurring the obligation for which the action is brought."

California.-Code Civ. Proc. (1886), § 479, subs. 4.

Idaho.-Rev. Stat. (1887), § 4241, subs. 4.

Kansas.-Gen. Stat. (1889), § 4231, subs. 5.

Michigan. -2 How. Anno. Stat. (1882), § 8753, subs. 4.

Montana.-Code Civ. Proc. (1895), § 801, subs. 4.

Nebraska.-Cons. Stat. (1893), § 5386, subs. 5.

Nevada.-Gen. Stat. (1885), § 3095, subs. 4.

New Jersey.-Gen. Stat. (1895), p. 2543, 58, subs. 4.

New York.-1 Birds. Rev. Stat. (1896), p. 107, § 2, subs. 4.

North Carolina.-1 Code (1883), § 291, subs. 4.

North Dakota.-Rev. Codes (1895), § 5304, subs. 4.

Ohio.-Rev. Stat. (1894), § 5492, subs. 5.

Oklahoma. - Stat. (1893), § 4026, subs. 5.

Oregon.-1 Hill's Anno. Laws (1892), p. 247, § 108, subs. 4.

Pennsylvania-Bright. Pur. Dig. (1894), p. 68, § 68.

South Carolina.-Code Civ. Proc. (1882), § 200, subs. 3.

Utah.-2 Comp. Laws (1888), § 3261, subs. 4.

Washington.-2 Hill's Anno. Stat. (1892), § 229, subs. 4.

West Virginia.-Code (1887), p. 722, 30, subs. 5.

Wyoming.-Rev. Stat. (1887), ý 2840, subs. 5.

"In all actions of covenant and account, and actions upon verbal contracts or assumpsits at law, where the defendant fraudulently contracted the debt or incurred the obligation respecting which the suit is about to be brought."

Illinois. Starr & Curt. Anno. Stat. (1896), p. 504, § I.

When the defendant has been guilty of a fraud in concealing or disposing of the property for the taking, detention, or conversion of which the action is brought."

California.-Code Civ. Proc. (1886), § 479, subs. 4.

Idaho.-Rev. Stat. (1887), § 4241, subs. 4.

Montana.-Code Civ. Proc. (1895), 801, subs. 4.

Nevada.-Gen. Stat. (1885), § 3095, subs. 4.

North Carolina.-1 Code (1883), § 291, subs. 4.

North Dakota.-Rev. Codes (1895),

$5304, subs. 4.

Idaho.-Rev. Stat. (1887), § 4241, subs. 3.

Montana. - The Code in Montana reads as above except that the word "obtained" is used in place of the word "detained." Code Civ. Proc.

(1895), § 801, subs. 3.

Nevada.-Gen. Stat. (1885), § 3095, subs. 3.

New York. - The Code in New York reads as above with the addition of the words "with intent that it should not be so found or taken, or with intent to deprive the plaintiff of the benefit thereof." I Birds. Rev. Stat. (1896), p. 102, § 2, subs. 3.

North Carolina.-As in New York. 1 Code (1883), § 291, subs. 3.

North Dakota.-Same as California, with the addition of the words "or with intent to deprive the plaintiff of the benefit thereof." Rev. Codes (1895), § 5304, subs. 3.

Oregon. As in New York. 1 Hill's Anno. Laws (1892), p. 247, § 108, subs. 3.

South Carolina.-Code Civ. Proc. (1882), § 200, subs. 2.

Utah.-2 Comp. Laws (1888), § 3261, subs. 3.

Washington.-As in New York. Hill's Anno. Stat. (1891), subs. 3.

2

P. 247, 108, subs. 4.

South Carolina.-Code Civ. Proc. (1882), § 200, subs. 3.

Utah.- -2 Comp. Laws (1888), § 3261, subs. 4.

Washington.-2 Hill's Anno. Stat. (1892), § 229, subs. 4.

"In an action brought to recover damages for fraud or deceit."

North Dakota.-Rev. Codes (1895), 5304, subs. 4.

In actions to recover damages for the value of property obtained by the defendant under false pretenses."

Wisconsin.-2 Sanb. & B. Anno. Stat. (1889), § 2689, subs. 1.

Actions for Recovery of Personalty. -"In an action to recover the possession of personal property unjustly detained when the property or any part thereof has been concealed, removed, or disposed of to prevent its being found or taken by the sheriff." California.-Code Civ. Proc. (1886), 479, subs. 3.

"to prevent its being." 2 Sanb. & B. Anno. Stat. (1889), subs. 3.

Similar statutes exist in the following states:

Arkansas.-Sand. & H. Dig. (1894),

§ 6386.

Georgia.-Code (1882), § 3418.

Actions for Fines and to Recover Money Received in a Fiduciary Capacity. "In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk in the course of his employment as such, or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in a professional employment, or for a wilful violation of duty."

California-Code Civ. Proc.(1886), § 479, subs. 2.

Idaho.-Rev. Stat. (1887), § 4241, subs. 2.

Montana.-Code Civ. Proc. (1895),

§ 801, subs. 2.

Nevada.-Gen. Stat. (1885), § 3095, subs. 2.

New York. -1 Birds. Rev. Stat. (1896), p. 106, § 2, subs. 1, 2.

North Carolina.-1 Code (1883), § 291, subs. 2.

North Dakota.-Rev. Code (1895), § 5304, subs. 2. (This section omits the words "fine or penalty.")

Oregon. - I Hill's Anno. Laws (1892), p. 247, § 108, subs. 2.

South Carolina.-Code Civ. Proc. (18S2), 200, subs. 1.

Utah.-2 Comp. Laws (1888), § 3261,

"To recover moneys, funds or property held or owned by the state, or held or owned officially or otherwise for or in behalf of a public or governmental interest by municipal or other public corporation board, officer, custodian, agency or agent, of the state or of a city, county, town, village or other division, subdivision, department or portion of the state which the defendant has without right obtained, received, converted or disposed of; or to recover damages for so obtaining, receiving, paying, converting or disposing of the same.'

New York.-1 Birds. Rev. Stat. (1896), p. 107, § 2, subs. 3.

Breach of Promise. -"In an action for breach of promise of marriage." Idaho. Rev. Stat. (1887), § 4241, subs. 2.

Miscellaneous Grounds-Connecticut. -The person of the defendant may be attached in all cases in which the defendant's body is not exempt from imprisonment on the execution of the suit. Gen. Stat. Conn. (1888), § 893. And the cases in which execution cannot be levied on the body are actions founded on contract merely, express or implied, except actions founded on promises to marry, or misconduct or neglect in any office or professional employment, or in actions instituted against a public officer, trustee, or person acting in a fiduciary capacity to recover money received by him. Gen. Stat. Conn. (1888), § 1181.

Delaware-Debt Not Yet Due.-The debtor may be arrested in certain cases where the debt is not yet due if the creditor makes affidavit that the debtor is about to leave the state and remove his effects. Laws (1893), p. 780, 14.

District of Columbia.—The defendant may be arrested in actions of trover and conversion and actions of detinue. Comp. Stat. (1894), p. 452, § 57.

Kentucky-Debt Not Yet Due.-The defendant may be arrested in such cases in the same way as indicated above in Delaware. Bullitt's Code (1893), §§ 237, 238.

Michigan. - Personal action may commence by capias in cases of claims for damages other than those arising upon contract, where the order for bail shall be indorsed on the writ by the judge of the court from which the writ issued. How. Anno. Stat. (1882), §

7304.

North Carolina-Seduction. - The defendant may be arrested in an action for seduction. I Code (1883), § 291, subs. 2.

Pennsylvania.-The defendant may be arrested in any personal action. Bright. Pur. Dig. (1894), p. 63, § 21. But by rules 25 and 26 of the Court of Common Pleas (Hayes's Court Rules, p. 90), an affidavit is required in actions of trespass, libel, slander, malicious prosecution, conspiracy, false imprisonment, trover, and conversion.

Rhode Island.-The defendant may be arrested in any action on penal statutes or in any action of trover, detinue, trespass, trespass on the case, trespass and ejectment, trespass quare clausum fregit, and scire facias against bail in criminal cases. Gen. Laws (1896), c. 252, § 11.

South Carolina-Debt Not Yet Due. -A provision exists under the South Carolina Code similar to that mentioned above in the states of Delaware and Kentucky. Code Civ. Proc. (1882), 200, subs. 4

Washington-Threatened Injury to Property. The defendant may be arrested when the action is to prevent a threatened injury to property and the danger is imminent. 2 Hill's Anno. Stat. (1891), § 229.

In Justice's Courts.-The grounds upon which an arrest is authorized in a justice's court are generally the same as the grounds stated above, the only differences, where there are any, being those which are necessary to bring the case within the justice's jurisdiction.

2. Prior to the statute 12 Geo. I., c. 29, no affidavit was necessary. Under that statute as amended by 5 Geo. II., c. 27, 21 Geo. II., c. 3, and 19 Geo. III., c. 70, § 2, the right to arrest where the claim was less than £10 was taken away, and where the claim was for £10 or more an affidavit was required to be filed before the capias should issue. The amount was raised to £20 by act 7 and 8 Geo. IV., c. 71, § 1. At the present day unless a sufficient affidavit is filed no jurisdiction of the person upon which a judgment can be legally rendered will be obtained by the issuing of a capias.

3. See also a precedent in 5 Wentw. Pl. 343.

4. Entitling the Affidavit-Title of Court. The affidavit may be entitled in the court in which it is intended to be used, but an omission to so do has been held to not affect its efficacy, provided it be in other respects sufficient. Kennet v. Jones, 7 T. R. 447. In Moll ing . Poland, 3 M. & S. 157, however,

で.