McNeely Walton v. . Haynes Co.
Supreme Court of North Carolina
Arrest — Liability of Partners. MotioN to vacate an Order of Arrest, made at Fall Tet m, 1876, of Eowan Superior Court, before Cloud, J. . No statement of the facts is necessary to an understanding of the opinion. ITis Honor allowed the motion to vacate, and the plaintiff appealed.
1Opinion of the CourtBynum, J.
The defendants, J. A. and Calvin Haynes were partners in a mercantile business carried on in the county of Yadkin, where they both lived.
The plaintiffs were doing business in the town of Salisbury. Calvin Haynes purchased of the plaintiffs a bill of goods, as he at the time alleged, for the defendant firm and obtained credit therefor by false pretences and representations.
The plaintiffs thereupon instituted an action against both J. A. and Calvin Haynes, upon which .J. A. Haynes only was arrested, Calvin having escaped.
In a civil action, the defendant cannot be arrested, unless he has been…
2Cited by4 opinions
- Powers v. . DavenportSupreme Court of North Carolina · 1888
- Moore v. . MullenSupreme Court of North Carolina · 1877
- Boykin v. . MaddreySupreme Court of North Carolina · 1894
- Boykin, Parmer & Co. v. W. J. Maddrey & SonSupreme Court of North Carolina · 1894