Melvin v. . Melvin .
Supreme Court of North Carolina
This was a motion to vacate an order of arrest, heard by his Honor, Judge Sussell, at chambers, in Bladen county, at Spring Term, 1^72, upon an appeal from an order of the Clerk of the Superior Court of said county. James K. Melvin, the administrator, had been fixed in the Probate Court of Bladen with assets to the amount of $308.88, for which amount this action is brought against him and his sureties.
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This was a motion to vacate an order of arrest, heard by his Honor, Judge Sussell, at chambers, in Bladen county, at Spring Term, 1^72, upon an appeal from an order of the Clerk of the Superior Court of said county. James K. Melvin, the administrator, had been fixed in the Probate Court of Bladen with assets to the amount of $308.88, for which amount this action is brought against him and his sureties. When the summons issued, Plenry Melvin, one of the plaintiffs, filed the following affidavit: -- “ That James K. Melvin was duly appointed and qualified as the administrator upon the estate of…
1Opinion of the CourtPeakson, C. J.
“ There shall be no imprisonment for debt, in this State, except in cases of fraud.” Constitution Art. 1, sec. 16.
The words “except in cases of fraud,” are very broad and we declare our opinion to be, that they comprehend, not only fraud in attempting to hinder, delay and defeat the collection of a debt by concealing property and other fraudulent devices but embraces also, fraud in making the contract — false representations for instance, and fraud in incurring the liability, for instance, when an administrator commits a fraud by applying the funds of the estate to his own use, paying his own…
2Cited by6 opinions
- State v. . YarboroSupreme Court of North Carolina · 1927
- Nunn v. SmithSupreme Court of North Carolina · 1967
- Powers v. . DavenportSupreme Court of North Carolina · 1888
- State v. YarboroSupreme Court of North Carolina · 1927
- Koury v. John Meyer of NorwichCourt of Appeals of North Carolina · 1980
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