Faulk v. . Smith
Supreme Court of North Carolina
MotioN to vacate attachment heard on appeal at Spring Term, 1880, of Cumberland Superior Court, before Eure, J. The motion was allowed, action dismissed, and the plaintiff appealed.
1Opinion of the Court
Smith, 0. J.
This action was commenced by summons issued by a justice of the peace, and upon the sheriff’s return that the defendant was not to be found, the plaintiff gave bond, sued out an attachment and obtained an order of publication upon an affidavit in these words : Malcoin Paulk, plaintiff above named, being duly sworn, says :
1. That the defendant, Warren J. Smith, is indebted to plaintiff in the sum of fifty dollars and forty cents on settlement by due bill dated June 3rd, 1879.
2. That the defendant has departed from the state, or keeps himself concealed therein to avoid the service…
2Cases cited1 opinion
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
3Cited by7 opinions
- Board of Com'rs of Roxboro v. BumpassSupreme Court of North Carolina · 1951
- Davis v. . DavisSupreme Court of North Carolina · 1920
- Sheldon v. . KivettSupreme Court of North Carolina · 1892
- Bacon v. . JohnsonSupreme Court of North Carolina · 1892
- Flint v. CoffinCourt of Appeals for the Fourth Circuit · 1910
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