Legal Opinion

Howland v. Marshall.

Supreme Court of North Carolina

Decided December 22, 1900PublishedCited by 2 opinions

Civil ActioN by R. S. Howland against L. J. Marshall, beard by Judge O. H. Allen, at November Term, 1900, of Bukcombi? Superior Court. From an order containing an attachment against the property of the defendant, L. J. Marshall, he appealed.

1Opinion of the Court

This is an action to recover the sum of $1,000 on account of the alleged wrongful and fraudulent appropriation by the defendant, Marshall, of moneys belonging to the plaintiff. On 9 August, 1900, the plaintiff obtained an order of attachment against the property of the defendant (428) on the sole ground of nonresidence, and on 29 August, 1900, served a notice of garnishment on the defendant, Baird, in whose hands Marshall had caused to be deposited the sum of $450 to secure said Baird from liability as surety for the appearance of Marshall on a criminal charge. Baird admitted the receipt of…

2Cases cited2 opinions

  1. Wheeler v. . CobbSupreme Court of North Carolina · 1876
  2. Cushing v. . StyronSupreme Court of North Carolina · 1889

3Cited by2 opinions

  1. Brann v. HanesSupreme Court of North Carolina · 1927
  2. Brann v. . HanesSupreme Court of North Carolina · 1927

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