Legal Opinion
Hutchison v. Bank of North Carolina
District Court, M.D. North Carolina
Decided April 17, 1975No. 1:07-m-00002PublishedCited by 25 opinions
1Opinion of the Court
GORDON, Chief Judge.
This case presents the question of whether the provisions of Section 1-440.1 et seq. of the North Carolina General Statutes, insofar as they permit the prejudgment attachment of real estate without prior notice and hearing, violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Plaintiff has brought this action under 42 U.S.C. § 1983 seeking damages and injunctive relief. Jurisdiction is properly invoked under 28 U.S.C. § 1343(3) and § 1331(a). A three-judge court was convened pursuant to 28 U.S. C. § 2281.
The statute in question…
2Cases cited14 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- Phillips v. CommissionerSupreme Court of the United States · 1931
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- Ownbey v. MorganSupreme Court of the United States · 1921
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Elmer J. Jonnet v. Dollar Savings Bank of the City of New YorkCourt of Appeals for the Third Circuit · 1976
- Northeast Investment Co. v. Leisure Living Communities, Inc.Supreme Judicial Court of Maine · 1976
- Johnson v. American Credit Co. of GeorgiaCourt of Appeals for the Fifth Circuit · 1978
- Pinsky v. DuncanCourt of Appeals for the Second Circuit · 1990
- Bankers Trust Co. v. El Paso Pre-Cast Co.Supreme Court of Colorado · 1977
20 more not listed; retrieve them via the Exa API.