Opinion
April 26, 1943.
Appeal by plaintiff from an order vacating a warrant of attachment.
Order reversed on the law and the facts, with ten dollars costs and disbursements, the motion denied, with ten dollars costs, and the attachment reinstated. The affidavit of November 27, 1942, upon which the warrant of attachment issued, sufficiently complies with subdivision 3, section 903, Civil Practice Act, in that it makes a prima facie evidentiary showing of secretion of assets by defendants in fraud of creditors, and particularly in fraud of plaintiff. The merits of the controversy may not be determined on this motion. Hagarty, Carswell, Johnston, Adel and Lewis, JJ., concur.