Legal Opinion

James Toms v. . Henry Warson

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 8 opinions

This was a petition tiled by Crawford and Murray in the-above-named cause, and heard before Mis Honor, Judge Jlen'-rv, at Fall Term 1871 of Buncombe Superior Court. Toms had brought suit against Warson on^ notes, and while the same was pending, Toms sued out an attachment, and caused the same to be levied on certain land claimed by Crawford and Murray.

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This was a petition tiled by Crawford and Murray in the-above-named cause, and heard before Mis Honor, Judge Jlen'-rv, at Fall Term 1871 of Buncombe Superior Court. Toms had brought suit against Warson on^ notes, and while the same was pending, Toms sued out an attachment, and caused the same to be levied on certain land claimed by Crawford and Murray. Therefore Crawford and Murray filed their petition to be-allowed to intervene in the original action, and contest the plaintiff’s right to recover against Warson ou the notes His-.Honor declined to grant the demand of the petition, and from,…

1Opinion of the Court

RodmaN. J.

In January 18G9, the plaintiff* commenced am action in .Buncombe Superior Court against defendant upon* two notes. Afterwards, while the action was pending, and! undetermined, the plaintiff applied to the cleric of that Court: upon affidavit for an attachment which was issued, and retnrm-ed levied on certain lands in Henderson county, and also om certain lands in Buncombe comity. On the return of the-attachments, the defendant put in an answer, denying that lie- was the owner of the property attached, &e., and the clerk ¡■-thereupon returned all the papers connected with the…

2Cited by8 opinions

  1. First National Bank of Springfield v. Asheville Furniture & Lumber Co.Supreme Court of North Carolina · 1897
  2. L. H. Blair & Co. v. PuryearSupreme Court of North Carolina · 1882
  3. Lackett v. RumbaughU.S. Circuit Court for the District of Western North Carolina · 1891
  4. Martin v. McBrydeSupreme Court of North Carolina · 1921
  5. Sims v. Goettle Bros.Supreme Court of North Carolina · 1880

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