Wilson v. . Barnhill
Supreme Court of North Carolina
Motion to vacate an order of arrest, made before Logan, J., at January Special Term 1870, of Mecklenburg- Court. The affidavit upon which the order had been granted, after stating the cause of action, set forth that the defendant “ is about to leave the State.”
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Motion to vacate an order of arrest, made before Logan, J., at January Special Term 1870, of Mecklenburg- Court. The affidavit upon which the order had been granted, after stating the cause of action, set forth that the defendant “ is about to leave the State.” The order was thereupon made, and the defendant arrested December — 1869. At the above Term, a motion was made by the defendant tq vacate the order; and also one by the plaintiff to amend the affidavit, by filing another in which it was stated, upon information and belief, that the defendant u has disposed of his lands and portions of…
1Opinion of the CourtPearson, C. J.
The affidavit upon which the warrant of arrest issued, was not sufficient-to authorize it.
It sets out merely that the defendant Barnhill “ was about to leave the State.” This may be said of every man who is about to take a trip South; or every merchant who is going to the North to buy goods. The affidavit must set out that the party is about to leave the State, with an intent to defraud his creditors, as the affiant believes, — and the grounds of his belief, so as to show some probable cause.
If the defendant had filed a counter affidavit, that would have opened the way for affidavit in reply…
2Cited by4 opinions
- Wm. Devries & Co. v. SummitSupreme Court of North Carolina · 1882
- Judd v. Crawford Gold Mining Co.Supreme Court of North Carolina · 1897
- Hale v. . RichardsonSupreme Court of North Carolina · 1883
- Wood Hathaway v. . HarrellSupreme Court of North Carolina · 1876