Hoover v. . Palmer
Supreme Court of North Carolina
MotioN to vacate an Order of Arrest, heard at Fall Term, 1878, of Davidson Superior Court, before Graves, J. The plaintiff instituted a civil action for damages against the defendant for the seduction of his daughter, and on filing tlie required bond, an order of arrest was made by the clerk, and the defendant was held to bail.
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MotioN to vacate an Order of Arrest, heard at Fall Term, 1878, of Davidson Superior Court, before Graves, J. The plaintiff instituted a civil action for damages against the defendant for the seduction of his daughter, and on filing tlie required bond, an order of arrest was made by the clerk, and the defendant was held to bail. Upon the hearing of the motion to vacate, His Honor held that an order of arrest could not be granted in such action and allowed the motion, from which judgment the plaintiff appealed.
1Opinion of the CourtDillard, J.
In this action the plaintiff sued to recover damages for the seduction of his daughter, and procured an order of arrest, under which the defendant was taken and held to bail, and aftewards at fall term, 1878, of Davidson superior court, the defendant moved to vacate the order of arrest, and His Honor granted the motion, on the ground that it is not one of-the cases for which an arrest is authorized by the Code of Civil Procedure.
The Code, § 149, (1), prescribes that a defendant may be arrested in an action arising on contract, where he is a nonresident of the state, or is about to remove…
2Cited by9 opinions
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- Kinney v. . LaughenourSupreme Court of North Carolina · 1887
- May v. WilsonMichigan Supreme Court · 1910
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