Powers v. . Davenport
Supreme Court of North Carolina
This is an appeal from the judgment of Shepherd, J., Refusing to allow a motion of the defendant to vacate an order of arrest made in an action pending in New HaNOVEB, Superior Court, heard at Chambers on January 27, 1888. The order of arrest was made upon the following affidavit: “ Henry W. Malloy being duly sworn, deposes and says: “ 1. That he is the agent of the plaintiff.
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This is an appeal from the judgment of Shepherd, J., Refusing to allow a motion of the defendant to vacate an order of arrest made in an action pending in New HaNOVEB, Superior Court, heard at Chambers on January 27, 1888. The order of arrest was made upon the following affidavit: “ Henry W. Malloy being duly sworn, deposes and says: “ 1. That he is the agent of the plaintiff. “ 2. That on or about the 5th day of October, 1885, the plaintiff turned over to the defendant, as his agent, for the purpose of collection, certain notes and accounts against parties in the State of South Carolina,…
1Opinion of the Court
Davis, J.,
(after stating the case.) 1. Section 295 of The Code, among other things, provides that the order “ shall require the Sheriff * * * * * to arrest him (the defendant) and hold him to bail in a specified sum, and return the order at a place and time therein mentioned to the Clerk of the Court in which the action is brought, &c.” In exact compliance with this provision the order is made returnable “to the Clerk of the Superior Court of New Hanover County, at his office in the city of Wilmington, county and State above written, on Wednesday, the 18th day of January, A. D. 1888.”
So the…
2Cases cited2 opinions
- Melvin v. . Melvin .Supreme Court of North Carolina · 1875
- McNeely Walton v. . Haynes Co.Supreme Court of North Carolina · 1877
3Cited by12 opinions
- Wolfe v. North CarolinaSupreme Court of the United States · 1960
- State v. . YarboroSupreme Court of North Carolina · 1927
- State v. CookeSupreme Court of North Carolina · 1958
- Ledford v. Emerson.Supreme Court of North Carolina · 1905
- State v. YarboroSupreme Court of North Carolina · 1927
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