Clark v. . Clark
Supreme Court of North Carolina
Motion to discharge an attachment, heard before Watts, J., at Eall Term 1869 of Northampton Court. The action had been begun on the 4th of August' 1869, returnable to Eall Term; and an affidavit for an attachment returnable before the Clerk, was made npon the 30th of the same month.
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Motion to discharge an attachment, heard before Watts, J., at Eall Term 1869 of Northampton Court. The action had been begun on the 4th of August' 1869, returnable to Eall Term; and an affidavit for an attachment returnable before the Clerk, was made npon the 30th of the same month. The ground alleged was, “That the defendant, Benjamin E. Clark, is about to dispose of his property with intent to defraud his creditors,” and the affidavit went on to allege, “That I am able to prove the grounds of my fears, and am willing and ready to do so if necessary, but the violence and lawlessness of the…
1Opinion of the CourtPearson, C. J.
Passing by the objection that the Judge could not entertain a motion to vacate the order for an attachment of property, upon a notice returnable before the Court — that is, the Clerk, and admitting the first affidavit to be insufficient to support the warrant of attachment, upon the distinction taken between a thing done, and a thing which the party fears and believes is about to be done, Hughes v. Person, 63 N. C. R. 548: We think his Honor erred in not allowing the plaintiff to have the benefit of his additional affidavit. It sets out fully the grounds on which he believed that the…
2Cases cited2 opinions
- Hughes, Adm'r v. . Person and OthersSupreme Court of North Carolina · 1869
- McArthur v. . McEachinSupreme Court of North Carolina · 1870
3Cited by11 opinions
- State Ex Rel. Peebles v. FooteSupreme Court of North Carolina · 1880
- Harriss v. . SneedenSupreme Court of North Carolina · 1888
- Wm. Devries & Co. v. SummitSupreme Court of North Carolina · 1882
- Brown, Daniel & Co. v. HawkinsSupreme Court of North Carolina · 1871
- Benedict, Hall Co. v. . HallSupreme Court of North Carolina · 1877
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