Long v. . McLean
Supreme Court of North Carolina
MOTION to vacate an order of arrest heard at Fall Term, 1881, of Richmond Superior Court, before Graves, J. The action is brought against the defendants, McLean & Leach, partners in trade, and the plaintiff alleges that certain executions were delivered to him, as sheriff, which he levied upon several hundred pounds of seed cotton, as the property of the judgment debtor, and took the same into his possession; that after'the levy, the defendants wrongfully and unlawfully took…
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MOTION to vacate an order of arrest heard at Fall Term, 1881, of Richmond Superior Court, before Graves, J. The action is brought against the defendants, McLean & Leach, partners in trade, and the plaintiff alleges that certain executions were delivered to him, as sheriff, which he levied upon several hundred pounds of seed cotton, as the property of the judgment debtor, and took the same into his possession; that after'the levy, the defendants wrongfully and unlawfully took a portion of said cotton and converted it to their use, and that he believes the defendants have disposed of the same,…
1Opinion of the CourtRuffin, J.
The summons in this case was served upon the defendant, Leach, alone. The action is for the wrongful conversion of personal property; Accompanying the summons was an order of arrest, under which the defendant was held to bail. At the return term, he moved to vacate the order upon the ground that the affidavit, on which it was based, failed to allege fraud, on the part of the defendant, in taking the goods; and upon his motion being overruled, he appealed to this court.
The fallacy of the defendant’s argument is in supposing that the provision of the constitution, which prohibits “imprisonment…
2Cases cited4 opinions
- McCool v. StateIndiana Supreme Court · 1864
- Moore v. . GreenSupreme Court of North Carolina · 1875
- People ex rel. Brennan v. CottonIllinois Supreme Court · 1853
- Harris v. BridgesSupreme Court of Georgia · 1876
3Cited by14 opinions
- State v. . YarboroSupreme Court of North Carolina · 1927
- Ledford v. SmithSupreme Court of North Carolina · 1937
- Oakley v. . LasaterSupreme Court of North Carolina · 1916
- State v. YarboroSupreme Court of North Carolina · 1927
- Ex parte BergmanNevada Supreme Court · 1884
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