Bank v. . Derby

STACY, C. J., and WINBORNE, J., join in concurring opinion. This is an action brought by plaintiff against defendant to recover $990.00 and interest from 6 November, 1933. The plaintiff contends that defendant was a nonresident of North Carolina and that a valid warrant of attachment was levied on 1,113.24 acres of land belonging to him in Richmond County, N.C. The defendant entered a special appearance and moved to dissolve and dismiss the warrant of attachment.

On motion in the cause, after reciting the facts, the clerk of the Superior Court of Moore County, N.C. rendered judgment, in part,…