Aman v. . Walker
Supreme Court of North Carolina
Appeal by defendant from 0. II. Allen, J., at September Term, 1913, of -SampsoN. This is an appeal from a judgment overruling a demurrer to the complaint.
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Appeal by defendant from 0. II. Allen, J., at September Term, 1913, of -SampsoN. This is an appeal from a judgment overruling a demurrer to the complaint. The plaintiff alleges three causes of action: In the first, that the defendant Waller is indebted to him in the sum of $454.74, and that while this debt was being contracted in 1910 and 1911 said Waller was in the employment of the defendant lumber company, and that the lumber company, knowing of the existence of the debt to the plaintiff, discharged Waller, while indebted to him, and that the company ought to be restrained from paying…
1Opinion of the CourtAlleN, J.
The demurrer to the first cause of action ought .to have been sustained. The plaintiff does not allege in this cause of action that the lumber company owes him anything or has incurred any obligation to him, and the only ground of complaint is that the defendant Waller is indebted to the plaintiff, and that the lumber company is indebted to Waller in an amount not stated.
Tbis furnishes no reason for interference by a court of equity to restrain the payment to Waller, and the plaintiff has an ample legal remedy by garnishment, or by proceedings supplemental to the execution.
The demurrer to the…
2Cases cited9 opinions
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Savage v. . Knight and BryantSupreme Court of North Carolina · 1885
- Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910
- Worthy v. . BradySupreme Court of North Carolina · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Norman Owen Trucking, Inc. v. MorkoskiCourt of Appeals of North Carolina · 1998
- Edwards v. Northwestern BankCourt of Appeals of North Carolina · 1979
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Nytco Leasing, Inc. v. Southeastern Motels, Inc.Court of Appeals of North Carolina · 1979
- Hooker Atlanta (7) Corp. v. Hocker (In Re Hooker Investment, Inc.)United States Bankruptcy Court, S.D. New York · 1993
53 more not listed; retrieve them via the Exa API.