Legal Opinion

Porter v. Davidson

U.S. Circuit Court for the District of Western North Carolina

Decided August 4, 1894PublishedCited by 1 opinion

This was an action of claim and delivery by Henry K. Porter against S. W. Davidson, Jr., sheriff of Cherokee county, N. C. ■ Defendant moved to set aside the service of summons, and to dismiss the complaint.

1Opinion of the Court

PEE CURIAM.

This is a motion to set aside the service of a summons and to dismiss the complaint upon the ground that the record discloses a want of jurisdiction in this court. The plaintiff is mortgagee of certain chattels in the possession of George Porter & Co., the mortgagors, after condition broken. The defendant, the sheriff of Cherokee county of North Carolina, had seized and held the chattels under warrants of attachment issued out of the courts of North Carolina against the mortgagors, the causes ■of action being debts alleged to be due by the mortgagors to the attaching creditors…

2Cases cited14 opinions

  1. Covell v. HeymanSupreme Court of the United States · 1884
  2. Freeman v. HoweSupreme Court of the United States · 1861
  3. Krippendorf v. HydeSupreme Court of the United States · 1884
  4. Buck v. ColbathSupreme Court of the United States · 1866
  5. James L. v. CarrylSupreme Court of the United States · 1858

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3Cited by1 opinion

  1. Oakes v. LakeSupreme Court of the United States · 1933

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