Bethell v. . Lee

BbogdeN, J.-

The vital question of law presented by the record is whether the attachment proceedings in the case of F. B. Lee v. Geo. W. Bethell were valid.

Attachment is a statutory remedy in derogation of common law, and hence must be strictly construed. Notwithstanding, substantial compliance with the requirements of the statute is sufficient. Best v. British & American Co., 128 N. C., 351; Page v. McDonald, 159 N. C., 38.

It is to be noted that the summons in the attachment suit was returned by the sheriff “not to be found in Rockingham County.” Nothing else appearing, this return would be…