CHAPTER III. Attachment.—Article I. General Attachment.—II. Attachment in Certain Actions.
Subdivision 1.—Grounds of Attachment.
Plaintiff may have attachment, when.Sect. 188. The plaintiff, in a civil action for the recovery of money, may, at or after the commencement thereof, have an attachment against the property of the defendant and upon the grounds herein stated: 1. When the defendant, or one of several defendants, is a foreign corporation, or a nonresident of this territory; or, 2. Has absconded with the intent to defraud his creditors; or, 3. Has left the county of his residence, to avoid the service of a summons; or, 4. So conceals himself that a summons cannot be served upon him; or, 5. Is about to remove his property, or a part thereof, out of the jurisdiction of the court, with the intent to defraud his creditors; or, 6. Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; or, 7. Has property, or rights in action, which he conceals; or, 8. Has assigned, removed, or disposed of, or is about to dispose of his property, or a part thereof, with the intent to defraud his creditors; or, 9. Fraudulently contracted the debt, or incurred the obligation for which suit is about to be, or has been brought. But an attachment shall not be granted on the ground that the defendant is a foreign corporation or a non-resident of this territory, for any claim other than a debt or demand arising upon contract, judgment, or decree.
Subdivision 2.—How an Attachment is obtained.
Order of attachment, when made.Sect. 189. An order of attachment shall be made by the clerk of the court, in which the action is brought, in any case mentioned in the preceding section, when there is filed in his office an affidavit of the plaintiff, his agent or attorney, showing: 1. The nature of the plaintiff's claim. 2. That it is just. 3. The amount which the affiant believes the plaintiff ought to recover; and 4. The existence of some one of the grounds for attachment, enumerated in the preceding section.
