Evans v. . Etheridge
Supreme Court of North Carolina
MOTION to dismiss an attachment, heard before Slvipp, Judge, at Fall Term, 1886, of Daub Superior Court. The following is so much of the case stated on appeal as-it is necessary to set forth here: “ The plaintiff, who was the clerk of the Superior Court of Rare county, issued a summons in his own behalf against the defendant.
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MOTION to dismiss an attachment, heard before Slvipp, Judge, at Fall Term, 1886, of Daub Superior Court. The following is so much of the case stated on appeal as-it is necessary to set forth here: “ The plaintiff, who was the clerk of the Superior Court of Rare county, issued a summons in his own behalf against the defendant. Afterwards, he made an affidavit before the clerk of the Superior Court of Pasquotank county for an attachment against the property of the defendant, and gave a bond. He then issued a warrant of attachment to the sheriff of Hare county, commanding him to attach the…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). It was held in Jackson v. Brookhaven, 89 N. C., 74; that the clerk of the Superior Court in making the order of seizure of property in the provisional remedy of Claim and Delivery, only does a ministerial, and not a judicial act or service, and therefore a deputy clerk might make such order. In such case the statute (The Code, §322,) requires that an affidavit shall be made before the clerk, embodying the facts necessary to entitle the party applying .for it to the order, and §323 prescribes, that “the clerk of the Court shall,, thereupon, by an…
2Cases cited1 opinion
- Jackson v. . BuchananSupreme Court of North Carolina · 1883
3Cited by9 opinions
- White v. . ConnellySupreme Court of North Carolina · 1890
- State ex rel. Henson v. SheppardSupreme Court of Missouri · 1905
- Hutchison v. Bank of North CarolinaDistrict Court, M.D. North Carolina · 1975
- State Ex Rel. Attorney-General Ex Rel. Owens v. ChaplinSupreme Court of North Carolina · 1948
- State v. SullivanU.S. Circuit Court for the District of Western North Carolina · 1892
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