Balk v. Harris.

This case is again before the Court upon a petition to rehear the judgment rendered at February Term, 1902. When the case was first here, at February Term, 1898, upon appeal of the plaintiff (122 N. C., 64; 45 L. R. A., 257), this Court decided that the judgment of the Maryland Court in the garnishment proceedings, which was pleaded by the defendant in this' suit as a defence in bar of plaintiff’s recovery, could not avail the defendant, because it was invalid for two reasons, (1) that the affidavit upon which the writ of garnishment’ issued was defective, in that it failed to state that the…