Ex parte Bernard
California Supreme Court Dec 30, 1886 No. No. 20,259Published
Synopsis
Arrest—Debtor Leaving State.—An Affidavit for an order of arrest under section 479, Code of Civil Procedure of California, need not, in order to show that the defendant’s proposed departure from the state is with intent to defraud his creditors, allege that he is about to remove any of his assets or property.
By the COURT. We are of opinion that the affidavit on which the judge of the superior court made the order of arrest stated facts and circumstances tending to show that the petitioner was about to depart from the state with intent to defraud his creditors. We therefore decline to discharge the petitioner from arrest.
The petitioner is remanded to custody and the writ is discharged.
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