Hess, Rogers Co. v. . Brower
Supreme Court of North Carolina
Attachment — Sufficiency of Affidavit. MotioN to vacate a 'Warrant of Attachment, heard at Fall Term, 1876, of SuRRY Superior Court, before Cloud, J. The motion was made by the defendant upon the ground ■ of insufficiency of the affidavit of plaintiff.
Read the full summary
Attachment — Sufficiency of Affidavit. MotioN to vacate a 'Warrant of Attachment, heard at Fall Term, 1876, of SuRRY Superior Court, before Cloud, J. The motion was made by the defendant upon the ground ■ of insufficiency of the affidavit of plaintiff. The affidavit is . as follows: “W. A. Moore agent of the plaintiffs above named being ■ duly sworn says ; 1. That defendant Thomas M. Brower is indebted to plaintiffs in the sum of $780.60 due by bonds. 2. That said defendant has departed from this State with intent, as affiant is informed and believes, to avoid the ser-vice of summons.” Sworn…
1Opinion of the CourtBynum, J.
We think the affidavit is sufficient though mot as full and explicit as it in caution should have been made. It states a fact accomplished, to-wit; that the defendant has departed from the State and then concludes-with the averment that it was with the intent to avoid the service of a summons as the affiant is informed and believes. It is not always convenient or prudent to state the source of one’s information in the affidavit, yet it may he a sufficient ground of belief to authorize the Clerk to issue the warrant. of attachment. If the affiant in point of fact had received no such…
2Cases cited2 opinions
- Hughes, Adm'r v. . Person and OthersSupreme Court of North Carolina · 1869
- W. P. Love & Co. v. YoungSupreme Court of North Carolina · 1873
3Cited by3 opinions
- State Ex Rel. Peebles v. FooteSupreme Court of North Carolina · 1880
- Bethell v. . LeeSupreme Court of North Carolina · 1931
- Weaver v. . RobertsSupreme Court of North Carolina · 1881