Carden v. . Carden
Supreme Court of North Carolina
This was a civil action, tried before Armfield, J., at March Term, 1890, of Orange Superior Court. At the time of issuing the summons, the plaintiff caused an attachment to issue, and had the same levied upon the lands of defendant, in Orange County.
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This was a civil action, tried before Armfield, J., at March Term, 1890, of Orange Superior Court. At the time of issuing the summons, the plaintiff caused an attachment to issue, and had the same levied upon the lands of defendant, in Orange County. Upon the trial of the cause the jury rendered a verdict in favor of plaintiff, and, after verdict, but before judgment, defendant entered a motion to vacate said attachment, and, in support of said motion, filed his affidavit that he was a resident of the State of North Carolina, and entitled to a homestead in said land. Plaintiff demanded a jury…
1Opinion of the Court
Shepherd, J.:
The single question presented by this appeal is whether, upon the facts found, the attachment should have been dissolved.
We are unable to distinguish this case from that of Wheeler v. Cobb, 75 N. C., 21. It is there said that, “ without deciding who, in law, is a non-resident in other respects, but confining the decision to the construction of this statute, the conclusion is, that where one voluntarity removes from this to another State, for the purpose of discharging the duties of an office of indefinite duration, which required his continued presence there for an unlimited…
2Cases cited1 opinion
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
3Cited by14 opinions
- Raymond v. LeishmanSupreme Court of Pennsylvania · 1914
- Barker v. Iowa Mutual Insurance CompanySupreme Court of North Carolina · 1955
- Union National Bank v. FinleyIndiana Supreme Court · 1913
- Ewing v. ThompsonSupreme Court of North Carolina · 1951
- Fulton v. RobertsSupreme Court of North Carolina · 1893
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