Palmer v. MRS DEVELOPMENT CORPORATION

BRITT, Judge.

Although eretain proceedings in this case as revealed by the record, particularly the brief notice of hearing provided plaintiffs or their attorneys and the filing of orders twelve days after rendition, are not to be commended, we hold that Judge Beal exercised lawful authority in requiring plaintiffs to increase their bond or have their attachment dismissed, and dismissing the attachment when plaintiffs failed to post the additional bond within the time fixed.

G.S. 1-440.40 (a) provides that “(a)t any time before judgment in the principal action, on motion of the defendant, the…