Palmer v. . Bosher
Supreme Court of North Carolina
MotioN to vacate an attachment, heard upon appeal-from, the Clerk of WaKE Superior Court, by his Honor-Judge Watis\ at Spring Term, 1874. Plain till obtained a warrant of attachment'against the defendants upon the following affidavit, to wit:: “ Wake CoüNty : IN the-: Supebiob; Coubt. Alfred Palmer, plaintiff, against R. T. Posher, and F. C. Clark, defendants. -Affidavit..
Read the full summary
MotioN to vacate an attachment, heard upon appeal-from, the Clerk of WaKE Superior Court, by his Honor-Judge Watis\ at Spring Term, 1874. Plain till obtained a warrant of attachment'against the defendants upon the following affidavit, to wit:: “ Wake CoüNty : IN the-: Supebiob; Coubt. Alfred Palmer, plaintiff, against R. T. Posher, and F. C. Clark, defendants. -Affidavit.. Alfred Palmer of the county of Wake,-.being duly, sworn,, says: 1. That during the year one thousand eight hundred' and seventy-three, the said R. T. Bosher and F. C. Clark, defendants, become indebted to him in the sum of…
1Opinion of the Court
Rodman, ■ J.
1. The first question is, whether the Clerk of ■the Superior Court had jurisdiction to vacate the attachment. We think there can be no doubt that he had. Sec. 212, C. C. P. says, •“ Whenever the defendant shall have appeared in such action he,may apply to .the Court in which such action is pending, or to the Judge thereaf/for an order to discharge the same,” ■ &c. By the-.words “ the -Court. ” in C. C. P. is meant the 'Clerk of the Court, unless otherwise indicated. There the 'Clerk is expressly indicated as an officer that may be applied vto, because either the Court-of the Judge…
2Cases cited2 opinions
- Hughes, Adm'r v. . Person and OthersSupreme Court of North Carolina · 1869
- Backalan v. . LittlefieldSupreme Court of North Carolina · 1870
3Cited by6 opinions
- Wm. Devries & Co. v. SummitSupreme Court of North Carolina · 1882
- Wilson v. Louis Cook Manufacturing Co.Supreme Court of North Carolina · 1883
- Bohn v. ZeiglerWest Virginia Supreme Court · 1898
- Cushing v. . StyronSupreme Court of North Carolina · 1889
- Penniman v. . DanielSupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.