Legal Opinion

CAROLINA PAPER COMPANY, INC. v. Bouchelle

Supreme Court of North Carolina

Decided March 13, 1974No. 27PublishedCited by 5 opinions

1Opinion of the Court

MOORE, Justice.

G.S. 1-440.21 states that “garnishment is not an independent action but is a proceeding ancillary to attachment and is the remedy for discovering and subjecting to attachment . . . any indebtedness to the defendant and any other intangible personal property belonging to him. ...” This same section states that “a garnishee is a person, firm, association, or corporation to which such a summons as specified by § 1-440.23 is issued.”

After defining garinshment, our statutes set forth the procedures to be followed in garnishment proceedings. G.S. 1-440.22 provides that “a summons to…

2Cases cited7 opinions

  1. Carter v. . RountreeSupreme Court of North Carolina · 1891
  2. Whitehurst v. . KerrSupreme Court of North Carolina · 1910
  3. Mills v. RichardsonSupreme Court of North Carolina · 1954
  4. J. B. Blades Lumber Co. v. Finance Co. of AmericaSupreme Court of North Carolina · 1933
  5. Heath v. Kresky Manufacturing CompanySupreme Court of North Carolina · 1955

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Higgins v. SimmonsSupreme Court of North Carolina · 1989
  2. K.M.D. v. T.N.B.Court of Civil Appeals of Alabama · 2017
  3. State v. CarltonCourt of Appeals of North Carolina · 2014
  4. Higgins v. SimmonsCourt of Appeals of North Carolina · 1988
  5. Freeman v. HKA Enterprises of South Carolina, LLCDistrict Court, E.D. North Carolina · 2022

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