L. H. Blair & Co. v. Puryear
Supreme Court of North Carolina
Appeal from an order made at Fall Term, 1882, of Durham Superior Court, by Shipp, J: The plaintiffs commenced this action on the 3rd of July, 1882, returnable to fall term of the superior court, and - on the same day procured a warrant of attachment to issue, which was levied upon a certain fund belonging,to the defendants in the hands of R. C. Strudwick.
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Appeal from an order made at Fall Term, 1882, of Durham Superior Court, by Shipp, J: The plaintiffs commenced this action on the 3rd of July, 1882, returnable to fall term of the superior court, and - on the same day procured a warrant of attachment to issue, which was levied upon a certain fund belonging,to the defendants in the hands of R. C. Strudwick. On the 27th da}' of the same month, C. W. Thorn & Co., and others, creditors of the defendants, recovered judgments against them in a justice’s court, aud immediately liad them docketed, and instituted proceedings supplementary to execution,…
1Opinion of the CourtRuffin, J.
We understand the judge’s order to mean that the intervening parties should be admitted, not to defend the main action between the plaintiffs and defendants, but to present an issue between themselves and the plaintiffs as the superior rights to the fund in controversy.
Thus understood, the decision in Tom v. Warson, 66 N. C., 417 governs the case. That was an attachment levied on land. Third parties claiming to own the land petitioned to be admitted as parties t© defend the aetion; and it was held that they had no right to intervene in the original action between the plaintiff and defendant,…
2Cases cited2 opinions
- James Toms v. . Henry WarsonSupreme Court of North Carolina · 1872
- Sims v. Goettle Bros.Supreme Court of North Carolina · 1880
3Cited by7 opinions
- Cotton Mills v. Weil.Supreme Court of North Carolina · 1901
- First National Bank of Springfield v. Asheville Furniture & Lumber Co.Supreme Court of North Carolina · 1897
- Lackett v. RumbaughU.S. Circuit Court for the District of Western North Carolina · 1891
- Roseman Feed Co. v. Nashville Grain & Feed Co.Supreme Court of North Carolina · 1921
- Patrick-Mosteller Co. v. James R. Baker & Co.Supreme Court of North Carolina · 1920
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