Wood Hathaway v. . Harrell
Supreme Court of North Carolina
This was a Civil ActioN, tried before his Honor, Eure, J., at Spring Term, 1875, of the Superior Court of Chowak county. Tbe action was originally commenced in a Court of Justice of tbe Peace, to recover tbe sum of $85.00, alleged to be clue tbe plaintiff by contract.
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This was a Civil ActioN, tried before his Honor, Eure, J., at Spring Term, 1875, of the Superior Court of Chowak county. Tbe action was originally commenced in a Court of Justice of tbe Peace, to recover tbe sum of $85.00, alleged to be clue tbe plaintiff by contract. At tbe time of issuing the summons, the plaintiff filed the following affidavit: “ J. R. E. Hathaway makes oath : 1. That be is a member of tbe firm of Wood & Hathaway, composed, as above stated, and doing business in Edenton, county aforesaid. 2. That Thos. J. Harrell is indebted to the said firm by contract, with interest to…
1Opinion of the Court
ByNüm, J.
The affidavit filed did not warrant the order of arrest. The distinction was taken in Hughes v. Person, 62 N. C. Rep., 548, between things done and things which the party believes are about t@ be done, and this distinction wa& reaffirmed in Clark v. Clark, 64 N. C. Rep., 150. It was therefore necessary for the plaintiffs, in their affidavit, to have set forth the grounds of their belief that the defendant was “ about to remove from the State,” in order that tire court might judge the reasonableness thereof. Wilson v. Barnhill, 64 N. C. Rep., 121. The court refused to vacate the order…
2Cases cited2 opinions
- Clark v. . ClarkSupreme Court of North Carolina · 1870
- Wilson v. . BarnhillSupreme Court of North Carolina · 1870
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