Brenizer v. Royal Arcanum.
Supreme Court of North Carolina
ActioN by A. G. Brenizer against Supreme Council of tbe Royal Arcanum, beard by Judge Jas. L. Webb, at tbe November Term, 1905, of tbe Superior Court of MECKLEN-BURG. Tbis was a motion to dissolve an attachment levied upon certain moneys in tbe bands of D. T. Johnson, collector of Raleigh Council of tbe Royal Arcanum.
Read the full summary
ActioN by A. G. Brenizer against Supreme Council of tbe Royal Arcanum, beard by Judge Jas. L. Webb, at tbe November Term, 1905, of tbe Superior Court of MECKLEN-BURG. Tbis was a motion to dissolve an attachment levied upon certain moneys in tbe bands of D. T. Johnson, collector of Raleigh Council of tbe Royal Arcanum. Tbe facts appearing upon tbe record are as follows: Plaintiff A. G. Brenizer on tbe 31st day of October, 1905, instituted an action in the Superior Court of Mecklenburg County for tbe purpose of recovering tbe sum of $1,400, alleged to be due him by tbe Supreme Council of tbe…
1Opinion of the Court
Connor, J.,
after stating the case: Plaintiff’s counsel in their well prepared brief and able argument in this court, raise a question of practice, insisting that under the provisions of the statute, Rev., sec. 781, “When any garnishee makes such a statement of facts that the court cannot proceed to give judgment thereon, then the court shall order an issue to be made up which shall be tried by a jury and, on their verdict, judgment shall be rendered.” It is clear that plaintiff, upon the suggestion that he wished to traverse the return, was entitled without any formal or verified statement to…
2Cases cited6 opinions
- Ward v. WatermanCalifornia Supreme Court · 1890
- McNewis Executors v. RogersTennessee Supreme Court · 1850
- Lord v. . HardieSupreme Court of North Carolina · 1880
- Saunders v. RobinsonMassachusetts Supreme Judicial Court · 1887
- Insurance Commissioner v. Provident Aid SocietySupreme Judicial Court of Maine · 1896
1 more not listed; retrieve them via the Exa API.