Legal Opinion

Goodwin v. Claytor

Supreme Court of North Carolina

Decided December 13, 1904PublishedCited by 38 opinions

ActioN by G-. O. Goodwin against A. B. Claytor and the R. J. Reynolds Tobacco Company, garnishee, heard by Judge T. A. McNeill and a jury, at February Term, 1903, of the Superior Court of Forsyth County.

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ActioN by G-. O. Goodwin against A. B. Claytor and the R. J. Reynolds Tobacco Company, garnishee, heard by Judge T. A. McNeill and a jury, at February Term, 1903, of the Superior Court of Forsyth County. This action was heard upon a case agreed as follows: The action was commenced before a justice of the peace by Goodwin, a resident of the State of Virginia, against Claytor, also a resident of the State of Virginia, for the recovery of $109.67, with interest on $96.01 from January 14, 1903, due by judgment. The indebtedness of Olaytor to Goodwin is admitted. Service of summons was duly bad by…

1Opinion of the Court

Walker, J.,

after stating the facts. The counsel of the defendant and of the garnishee, in their able and exhaustive brief, rely on several grounds to defeat the plaintiff’s recovery. Eor convenience, we will change somewhat the order in which they are stated in the brief. It is contended (1) that the debt garnisheed is exempt by the laws of Virginia from garnishment; (2) that if the debt was subject to garnishment at all, any lien acquired by the service of the writ was waived and the garnishee released by taking a general and personal judgment against the defendant and the garnishee instead…

2Cases cited15 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
  3. Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
  4. Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
  5. St. Louis & San Francisco Railway Co. v. JamesSupreme Court of the United States · 1896

10 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Elmwood v. ElmwoodSupreme Court of North Carolina · 1978
  2. May v. Getty.Supreme Court of North Carolina · 1905
  3. Newberry v. Davison Chemical Co.Court of Appeals for the Fourth Circuit · 1933
  4. State Ex Rel. Lankford v. CollinsSupreme Court of Oklahoma · 1918
  5. Armour Fertilizer Works v. SandersCourt of Appeals for the Fifth Circuit · 1933

33 more not listed; retrieve them via the Exa API.

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