Blankinship v. . McMahon and Others
Supreme Court of North Carolina
MotioN to dismiss an attachment, made before Shipp, J., at Spring Term 1868, of the Superior Court of Yancey. His Honor having declined to allow the motion, the defendants appealed. No statement of facts, except as appears in the opinion, is necessary.
1Opinion of the Court
Rodman J.
The attachment in this case was sued out under § 16 of ch. J, Rev. Code, which says: “ If any one shall do an injury to the proper person, or property of another, and shall within three months thereafter abscond beyond the limits of the State, &c., -his estate may be attached to answer the damages, &c., provided the attachment be issued within three months after the injury to the same.” The attachment omits to state that the defendant either absconded or concealed himself within the three months. It also appears affirmatively that the process was sued out more than three months after…
2Cited by1 opinion
- McIntyre v. . GuthrieSupreme Court of North Carolina · 1870