Penniman v. . Daniel
Supreme Court of North Carolina
Motion heard at Fall Term, 1884, of Catawba Superior Court,, before Gilmer, J. Under the warrant of attachment issued at the same time with the summons on March 14th, 1883, certain personal and real property of the defendant was seized and taken into possession by the sheriff, and while so held the defendant’s counsel under a power of attorney from him, appearing for a special purpose only and to make the motion, moved the clerk to vacate the attachment and the order for its…
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Motion heard at Fall Term, 1884, of Catawba Superior Court,, before Gilmer, J. Under the warrant of attachment issued at the same time with the summons on March 14th, 1883, certain personal and real property of the defendant was seized and taken into possession by the sheriff, and while so held the defendant’s counsel under a power of attorney from him, appearing for a special purpose only and to make the motion, moved the clerk to vacate the attachment and the order for its issue for reasons assigned in a written application. The motion being allowed, the plaintiff appealed to the judge who…
1Opinion of the Court
Smith, C. J.,
after stating the above. We do not propose to consider any imputed defects, real or supposed, in the affidavit made to obtain the warrant of attachment, since its sufficiency in form has been passed on and established in the former appeal, when this was the only point presented.
Any objections to which it may be obnoxious should then have been made, and these as well as that then considered are concluded by the judgment.
The decision first made, during the subsequent progréfes of the cause, must be regarded, in the words of BoydeN, J., “as final and conclusive, at least so far aé…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Etheridge v. . WoodleySupreme Court of North Carolina · 1880
- Peebles v. Patapsco Guano Co.Supreme Court of North Carolina · 1877
- Brown, Daniel & Co. v. HawkinsSupreme Court of North Carolina · 1873
3Cited by10 opinions
- Hatch v. Alamance Railway Co.Supreme Court of North Carolina · 1922
- Hatch v. . R. R.Supreme Court of North Carolina · 1922
- McGuire v. Montvale Lumber Co.Supreme Court of North Carolina · 1925
- Penniman v. . DanielSupreme Court of North Carolina · 1885
- Bowman v. . WardSupreme Court of North Carolina · 1910
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