Cook v. New York Corundum Co.
Supreme Court of North Carolina
This was a Motion to vacate a warrant of attachment, heard before Armfield, J., at December Term, 1893, of Swain Superior Court, in an action pending in .Jackson county.
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This was a Motion to vacate a warrant of attachment, heard before Armfield, J., at December Term, 1893, of Swain Superior Court, in an action pending in .Jackson county. The plaintiff, R. J. Cook, began his action against the defendant and filed his affidavit in attachment upon which a warrant was issued and levied upon certain real estate in Jackson county on the 7th of October, 1893. On the 13th of the same month Sheppard Homans began his action against the same defendant and upon affidavit had a warrant of attachment issued and levied upon the same property that had already been seized…
1Opinion of the Court
MacRaic, J.:
As the plaintiff has admitted the first affidavit to have been insufficient it will not bo necessary for ns to examine it.
His Honor had full power to permit the amendment, as lias often been held by this Court (Sheldon v. Kivett, 101 N. C., 408), and there was no right of appeal from the order allowing the amendment.
The appeal is from the refusal of his Honor to vacate the warrant of attachment. The Court having the power to allow the amendment, its only purpose could have been to cure any irregularity which might have existed in the proceedings upon which the warrant of…
2Cases cited2 opinions
- Patton v. Western Carolina Educational Co.Supreme Court of North Carolina · 1888
- L. H. Blair & Co. v. PuryearSupreme Court of North Carolina · 1882
3Cited by2 opinions
- Goodman v. HenryWest Virginia Supreme Court · 1896
- Thornburg v. . BurtonSupreme Court of North Carolina · 1929