Brown, Daniel & Co. v. Hawkins
Supreme Court of North Carolina
Motion to discharge a warrant of attachment, heard before Moore, J., at Spring Term, 1871, Edgecombe Superior Court. The plaintiffs in their complaint alleged that the defendant was indebted unto them in the sum of live hundred dollars, contracted on behalf of the defendant through his agent, one B. F. Hanks.
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Motion to discharge a warrant of attachment, heard before Moore, J., at Spring Term, 1871, Edgecombe Superior Court. The plaintiffs in their complaint alleged that the defendant was indebted unto them in the sum of live hundred dollars, contracted on behalf of the defendant through his agent, one B. F. Hanks. The affidavit upon which the plaintiffs prayed for an attachment, alleged “ that from information given to them, they are satisfied that the defendant is about to assign, dispose of, or secrete certain property, to wit: sundry mules, with intent to defraud his creditors.” The warrant of…
1Opinion of the CourtPearson, C. J.
The first affidavit is insufficient, but the amended affidavit comes fully up to the requirement of the statute. Hughes v. Person, 63 N. C., 548 It sets out facts and circumstances showing probable cause, and that in suing out the attachment, the plaintiffs acted with hona fide, and under a just apprehension that the property was about to be “ put out' of the way.”
The counter affidavit of the defendant, explains the circumstances, and removes the appearance of a fraudulent intent, in. respect to the defendant personally, but it leaves the very suspicious fact, that after night fall, the mules…
2Cases cited2 opinions
- Clark v. . ClarkSupreme Court of North Carolina · 1870
- Hughes, Adm'r v. . Person and OthersSupreme Court of North Carolina · 1869
3Cited by10 opinions
- Sheldon v. . KivettSupreme Court of North Carolina · 1892
- Bruff, Faulkner & Co. v. Stern & Bro.Supreme Court of North Carolina · 1879
- Wm. Devries & Co. v. SummitSupreme Court of North Carolina · 1882
- Penniman v. . DanielSupreme Court of North Carolina · 1885
- Weiller & Co. v. LawrenceSupreme Court of North Carolina · 1879
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