Suskin v. Maryland Trust Co.

It may be conceded tbat wben the defendants first appeared specially and moved to dismiss for want of any valid service of process, their position was perhaps well taken, no attachment having issued, Winfree v. Bagley, 102 N. C., 515, 9 S. E., 198, and had the matter rested there, a dismissal would have been in order. Finch v. Slater, 152 N. C., 155, 67 S. E., 264. However, without presently passing upon the defendants’ motion to dismiss, a new order for publication of summons and warrant of attachment was issued upon the affidavit already filed. This was permissible under the decisions,…