Morganton Manufacturing & Trading Co. v. Foy-Seawell Lumber Co.
Supreme Court of North Carolina
ActioN beard before Webb, Jupon, exceptions to a referee’s report, at December Term, 1918, of Bukke. The plaintiff alleged that the defendants are indebted to it in the sum of $1,917.10, being the balance due on an account for manufacturing the lumber of defendants at its plant and for other services rendered in connection therewith.
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ActioN beard before Webb, Jupon, exceptions to a referee’s report, at December Term, 1918, of Bukke. The plaintiff alleged that the defendants are indebted to it in the sum of $1,917.10, being the balance due on an account for manufacturing the lumber of defendants at its plant and for other services rendered in connection therewith. PlaintifE applied for a warrant of attachment upon the ground, as stated in its affidavit, that the defendant, Eoy-Seawell Lumber Company, either had assigned, disposed of or subscribed its property, or was about to do so, with intent to defraud its creditors. A…
1Opinion of the Court
Walker, J.,
after stating the facts: We doubt if the judgment is a final one, so that an appeal will lie from it, as there were other things to be done, but waiving this question for the present, we will consider the exceptions so as not to prolong the litigation.
The referee found that a valid attachment had been issued and levied upon the defendants’ property, and it is objected by the latter that this was not a finding of fact as to the fraud in disposing of the property. But we regard this as immaterial. The judge correctly ruled that the attachment was properly issued, and in the absence…
2Cases cited16 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Battle v. MayoSupreme Court of North Carolina · 1889
- May v. Getty.Supreme Court of North Carolina · 1905
- McLeod v. . GoochSupreme Court of North Carolina · 1913
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
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3Cited by14 opinions
- Griffin v. GriffinSupreme Court of North Carolina · 1953
- McCune v. Rhodes-Rhyne Manufacturing Co.Supreme Court of North Carolina · 1940
- Barth v. ElyMontana Supreme Court · 1929
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
- Moffitt v. . DavisSupreme Court of North Carolina · 1934
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