Backalan v. . Littlefield
Supreme Court of North Carolina
MOTION to quash a summons and. warrant of attachment for irregularity, made before Watts, J., at Fall Term 1869 of Wake Court. The Summons issued August 16th 1869, returnable before Judge of Superior Court in term time; Returned executed on same day; Complaint filed with summons; Affidavit that defendant is anon-resident.
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MOTION to quash a summons and. warrant of attachment for irregularity, made before Watts, J., at Fall Term 1869 of Wake Court. The Summons issued August 16th 1869, returnable before Judge of Superior Court in term time; Returned executed on same day; Complaint filed with summons; Affidavit that defendant is anon-resident. The Attachment issued from the Clerk of the Superior Court, commanding the sheriff “to attach and safely keep all the property of the defendantin your county, or so much thereof as may he sufficient to satisfy said demand, with costs and expenses,” without any day or place…
1Opinion of the CourtRodman, J.
(After stating the case as above.) The case presents several questions of practice:
1. The summons'was properly returnable before the Judge in term time. This was held in McAdoo v. Benbow, 63 N. C. 461, and we are not disposed to reverse that case. The provision in sec. 11, of the Act of 1868-9, ch. 76, that the act shall not apply to proceedings by attachment, does not mean that the requirement, in sec. 2, that the summons shall be returnable in term, does not apply to an action in the course of which an attachment may be taken out. To give it that construction, would be to make the suing out…
2Cases cited1 opinion
- McAdoo v. . BenbowSupreme Court of North Carolina · 1869
3Cited by1 opinion
- Palmer v. . BosherSupreme Court of North Carolina · 1874