Hale v. . Richardson
Supreme Court of North Carolina
MotioN to vacate an order of attachment heard at Spring Term, 1883, of UNION Superior Court, before Shipp, J. The plaintiff brought this action before a justice of the peace in the county of Union on the 31st day of January, 1883, and sued out a warrant of attachment therein, which was duly levied upon the property of the defendant.
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MotioN to vacate an order of attachment heard at Spring Term, 1883, of UNION Superior Court, before Shipp, J. The plaintiff brought this action before a justice of the peace in the county of Union on the 31st day of January, 1883, and sued out a warrant of attachment therein, which was duly levied upon the property of the defendant. Afterwards the defendant appeared and moved upon due notice to discharge the attachment, on the ground of alleged irregularity in the issuing thereof, and upon the further ground, that the material allegations in the affidavit upon which the same was issued were…
1Opinion of the Court
MerrimoN, J.,
after stating the case. The allegations in the ■affidavit that the defendant was about to leave the state with a view to defraud his creditors, was immaterial in the application for the warrant of attachment: such removal is not made a cause for such warrant, but it would be a material allegation in an affidavit for a warrant of arrest. The Code, §§291,349; Wilson v. Barnhill, 64 N. C., 121.
It is competent on a motion to discharge an attachment, for the court to hear affidavits and any proper evidence to disprove the allegations contained in the affidavit required by the statute…
2Cases cited6 opinions
- Burke v. . TurnerSupreme Court of North Carolina · 1881
- Bruff, Faulkner & Co. v. Stern & Bro.Supreme Court of North Carolina · 1879
- Clark v. . ClarkSupreme Court of North Carolina · 1870
- Wm. Devries & Co. v. SummitSupreme Court of North Carolina · 1882
- Benedict, Hall Co. v. . HallSupreme Court of North Carolina · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Coharie Lumber Co. v. BuhmannSupreme Court of North Carolina · 1912
- Taylor v. . PopeSupreme Court of North Carolina · 1890
- Harriss v. . SneedenSupreme Court of North Carolina · 1888
- Simmons v. SimmonsWest Virginia Supreme Court · 1904
- Guggenheimer v. . BrookfieldSupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.