Howland v. Marshall.
Supreme Court of North Carolina
Civil ActioN by R. S. Howland against L. J. Marshall, beard by Judge O. H. Allen, at November Term, 1900, of Bukcombi? Superior Court. From an order containing an attachment against the property of the defendant, L. J. Marshall, he appealed.
1Concurrence
Clare, J.,
(concurring.) This action was brought to- the term of Court. The Clerk had jurisdiction to issue the warrant of attachment, the ancillary remedy 'in the cause. Upon answer filed, he transferred the issue thereby raised on August 29th to the Court at term. He was, therefore, functus officio, and acting without authority, when, in Octo-*432her, lie entertained and granted a motion to vacate the attachment, which was no longer before him. Forbes v. McGuire, 116 N. C., 449. But on appeal to the Judge the latter had jurisdiction (Acts 1887, chap. 276; Roseman v. Roseman [at this term]' — ),…
2Cases cited1 opinion
- Forbes v. . McGuireSupreme Court of North Carolina · 1895