Legal Opinion

Davie v. . Blackburn

Supreme Court of North Carolina

Decided September 5, 1895PublishedCited by 4 opinions

Motion to dissolve a warrant of attachment, heard before Bryan, J., at Chambers, in Winston, N. 0., pursuant to an order to show cause, &c., made at Spring Term, 1895, of Stokes Superior Court. The motion was allowed and plaintiff appealed. The facts appear in the opinion of Associate Justice MONTGOMERY.

1Opinion of the Court

MONTGOMERY, J.:

In this action a warrant of attachment was issued and levied upon the tax books for 1891 and 1892 in the hands of the defendant Wall who was Sheriff of Stokes county when the lists were delivered to him for collection by the county commissioners. On a motion to dissolve, heard before Judge Bryan, the attachment was discharged and the plaintiff excepted on the grounds, “1. For that his Honor erred in holding that the tax books are not subject to attachment in this action ; 2. His Honor erred in ordering the tax books and all the monies collected by sheriff J. H. Fulton under…

2Cases cited3 opinions

  1. State v. Georgia Co.Supreme Court of North Carolina · 1893
  2. Jones v. . ArringtonSupreme Court of North Carolina · 1884
  3. Mulford v. . SuttonSupreme Court of North Carolina · 1878

3Cited by4 opinions

  1. City of Wilmington v. CronlySupreme Court of North Carolina · 1898
  2. Miller v. WisenerWest Virginia Supreme Court · 1898
  3. Jewell v. NuhnSupreme Court of Iowa · 1915
  4. Town of Apex v. TempletonSupreme Court of North Carolina · 1943

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