Temple v. Eades Hay Co.
Supreme Court of North Carolina
Appeal by garnishee from Oranmer, J., at December Term, 1921, of New ITaNOvee. Civil action to recover of defendant, the Eades Hay Company, $2,125 damage for shortage on shipment of hay sold by said company to plaintiff, said Ea.des Hay Company, being a nonresident corporation, service of summons was had only by publication.
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Appeal by garnishee from Oranmer, J., at December Term, 1921, of New ITaNOvee. Civil action to recover of defendant, the Eades Hay Company, $2,125 damage for shortage on shipment of hay sold by said company to plaintiff, said Ea.des Hay Company, being a nonresident corporation, service of summons was had only by publication. At the instance of plaintiff company, process of attachment was sued out and levied by the sheriff of New Hanover County, or a duly authorized deputy, on certain moneys held by the Citizens Bank and Trust Company of Wilmington, alleged to belong to the principal…
1Opinion of the CourtHoKE, J.
Under tbe statute applicable, tbe process of attachment issuing from tbe Superior Court should be addressed to tbe sheriff of tbe county and executed by him or one of bis duly authorized deputies. Carson v. Woodrow, 160 N. C., 144. It appearing, however, that tbe writ was in fact executed by a duly authorized deputy of tbe sheriff, tbe case is well within tbe powers of amendment possessed by tbe court, and which should always be liberally exercised with a view of permitting a determination of the cause on the real issues involved in the controversy. Page v. McDonald, 159 N. C., 38; Vick v.…
2Cases cited5 opinions
- Guthrie v. City of DurhamSupreme Court of North Carolina · 1915
- Vick v. . FlournoySupreme Court of North Carolina · 1908
- Page v. . McDonaldSupreme Court of North Carolina · 1912
- Rollins v. . RollinsSupreme Court of North Carolina · 1877
- Carson v. . WoodrowSupreme Court of North Carolina · 1912
3Cited by4 opinions
- Strickland Ex Rel. Steed v. HughesSupreme Court of North Carolina · 1968
- Garrett v. RoseSupreme Court of North Carolina · 1952
- Hambley v. . WhiteSupreme Court of North Carolina · 1926
- Farmers Bank & Trust Co. v. MurphySupreme Court of North Carolina · 1925