Bristol v. . Pearson
Supreme Court of North Carolina
MotioN to attach appellant plaintiff for contempt, heard at Spring Term, 1891, of Bukke Superior Court, Hoke, J., presiding.
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MotioN to attach appellant plaintiff for contempt, heard at Spring Term, 1891, of Bukke Superior Court, Hoke, J., presiding. The plaintiff, as assignee of certain property conveyed to him for the benefit of creditors named in the deed of trust, brought this action to have the property subject to the trust sold, and the proceeds of the sale thereof applied to the payment of debts of the creditors, according to their respective rights, etc, with the sanction and by the order of the Court, etc. In the course.of the action, the Court entered its decree directing a distribution of the fund in the…
1Opinion of the CourtMerrimoN, C. J.
after stating the case: After the appeal was taken, bringing the whole matter of the motion into this Court, it was irregular and improper to make the motion in the Court below to withdraw and abandon the motion to attach, because the appeal brought the same here until it should be disposed of in some appropriate way. The Court below did not have such control of the matter as to make an effectual disposition of it.
The application of the defendant appellee John A. Dickson to be allowed to abandon the motion to attach the plaintiff must be allowed, and an entry to that effect made in the Court…
2Cases cited3 opinions
- Thompson v. OnleySupreme Court of North Carolina · 1887
- Bond v. . BondSupreme Court of North Carolina · 1873
- In Re PattersonSupreme Court of North Carolina · 1888
3Cited by2 opinions
- Rudd v. RuddCourt of Appeals of Kentucky · 1919
- Jastram v. McAuslanSupreme Court of Rhode Island · 1909