Price v. . Cox
Supreme Court of North Carolina
Motion to vacate an order of attachment heard at Spring Term, 1880, of Henderson Superior Court, before Schenclc, J. The action in which this motion is made was instituted by the plaintiff to recover damages for an alleged breach of promise to marry. .It appearing by'affidavit that. the.defendant is a non-resident and has property in this state, and that a good cause of action exists against him, the clerk -of the. court, granted on order of attachment, and thereupon the…
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Motion to vacate an order of attachment heard at Spring Term, 1880, of Henderson Superior Court, before Schenclc, J. The action in which this motion is made was instituted by the plaintiff to recover damages for an alleged breach of promise to marry. .It appearing by'affidavit that. the.defendant is a non-resident and has property in this state, and that a good cause of action exists against him, the clerk -of the. court, granted on order of attachment, and thereupon the defendant entered a special appearance and moved the judge to vacate the same upon the ground, first, that an attachment…
1Opinion of the CourtSmith, C. J.
At the time of issuing the summons or at any time afterwards, the plaintiff may sue out. an attachment against the property of a non-resident defendant “ in an action arising on contract for- the recovery of money only, or in ah action for the wrongful conversion of personal property.” C. C. P., § 197.
Is an action brought to recover damages for the breach of a promise to marry within the meaning of this section of the code? This is the enquiry presented for solution in the present appeal., The words are sufficiently comprehensive to embrace every action upon a contract, since its object is…
2Cases cited2 opinions
- White v. . SnowSupreme Court of North Carolina · 1874
- Barnes v. BuckNew York Supreme Court · 1869
3Cited by14 opinions
- Winfree v. . BagleySupreme Court of North Carolina · 1889
- Jenette v. Hovey & Co.Supreme Court of North Carolina · 1921
- Mullen v. Norfolk & Carolina Canal Co.Supreme Court of North Carolina · 1894
- Mills v. . HanselSupreme Court of North Carolina · 1915
- Penniman v. . DanielSupreme Court of North Carolina · 1885
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