Benedict, Hall Co. v. . Hall
Supreme Court of North Carolina
Notary Public — Affidavit for Order of Arrest. MOTION to vacate an Order of Arrest obtained in an aetiou brought in Cumberland Superior Court, heard at Chambers on the 26th of December, 1876, before Buxton, J. The plaintiff firm, doing business in the city of New York, sold a bill of goods to the defendant to a considerable amount and claimed that there was still due the sum of $1,741.76. It was alleged that the defendant represented himself a® having a surplus of assets…
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Notary Public — Affidavit for Order of Arrest. MOTION to vacate an Order of Arrest obtained in an aetiou brought in Cumberland Superior Court, heard at Chambers on the 26th of December, 1876, before Buxton, J. The plaintiff firm, doing business in the city of New York, sold a bill of goods to the defendant to a considerable amount and claimed that there was still due the sum of $1,741.76. It was alleged that the defendant represented himself a® having a surplus of assets over liabilities amounting to $18,360, by means of which he obtained a false and fictitious-business credit. The…
1Opinion of the CourtRodmaN, J.
We agree with the Probate Judge and with the Judge of the Superior Court, that the affidavit on rvhieh the order of arrest was made was defective in the two particulars pointed out by the Probate Judge.
A Notary Public is recognized by the universal law of ■civilized and commercial nations. But his powers are confined to the authentication of commercial papers and to the protesting of bills of exchange and the like.
The Act, Bat. Rev. ch. 76, is evidently confined to Notaries Public in North Carolina, and a Notary Public resident out of the State has no authority to take affidavits to be used…
2Cases cited1 opinion
- Clark v. . ClarkSupreme Court of North Carolina · 1870
3Cited by9 opinions
- In re FarthingDistrict Court, E.D. North Carolina · 1913
- Hinton v. Life InsuranceSupreme Court of North Carolina · 1895
- Cowles v. . HardinSupreme Court of North Carolina · 1878
- Hale v. . RichardsonSupreme Court of North Carolina · 1883
- The Bank of New Hanover v. . BlossomSupreme Court of North Carolina · 1885
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