Penniman v. . Daniel
Supreme Court of North Carolina
MOTION by defendant to vacate an attachment heard at Fait Term, 1883, of Catawba Superior Court, before Graves, J. The court allowed the motion to vacate, but refused to dismiss the action. Plaintiff appealed.
1Opinion of the CourtSmith, C. J.
On the 14th day of March, 1883, the plaintiff-sued out of the clerk’s office a summons and warrant of attachment against the defendant’s estate, returnable to fall term, held on the last Monday in August, of the superior court of Catawba..
The affidavit upon which-the attachment issued states as-follows:
1. That during the year 1879 the defendant “ became indebted to him in the sum of $9,200, with interest on the same till paid„ two years after date,” and that 'by various payments the amount due on the note has been reduced to the sum of ’$6,99.3.50.
2. That the plaintiff is about to commence án…
2Cases cited6 opinions
- Price v. . CoxSupreme Court of North Carolina · 1880
- Branch v. . FrankSupreme Court of North Carolina · 1879
- Hughes, Adm'r v. . Person and OthersSupreme Court of North Carolina · 1869
- Brown, Daniel & Co. v. HawkinsSupreme Court of North Carolina · 1871
- Palmer v. . BosherSupreme Court of North Carolina · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Best v. British & American Co.Supreme Court of North Carolina · 1901
- Judd v. Crawford Gold Mining Co.Supreme Court of North Carolina · 1897
- McCarthy Bros. v. McLean County Farmers Elevator Co.North Dakota Supreme Court · 1908
- Thrush v. ThrushSupreme Court of North Carolina · 1957