
    Strauss v. Vogt.
    Appeal by Edward E. Thomas, the assignee for the benefit of creditors of the defendant Vogt, from an order dismissing an order to show cause obtained by said assignee and substantially denying to said assignee the right to move to vacate an attachment against the property "of the defendant levied prior to the assignment.
    
      Hess, Townsend <& McClelland (W. J. Townsend, of counsel), for plaintiff (respondent).
    
      Eugene H Pomeroy, for defendant (appellant).
   Freedman, J.

The affidavits upon which the attachment was granted, present a sufficient case for its support on the ground that the defendant has assigned, disposed of or-secreted, or is about to assign, dispose of or secrete his property with intent to defraud his creditors.

The papers submitted by both parties on the motion to Vacate, present a sharp conflict as to the most material facts. The learned judge who heard the motion determined the issue thus raised in favor of the plaintiff, and upon a careful review of the whole case I am unable to say that he erred in his decision.

True, in the course of his opinion he erroneously assumed that some witness had testified that the defendant had admitted that late in March his stock was worth $3,000 only, hut independently of that there is sufficient evidence left upon which, together with the inferences to be drawn therefrom, the plaintiff’s right to the attachment may be sustained.

The order should be affirmed, with ten dollars costs and disbursements.

Giegebich, J., concurs.

Order affirmed.  