Wilson v. Louis Cook Manufacturing Co.
Supreme Court of North Carolina
MOTION to vacate an order of attachment, made in an action pending in Mecklenburg- Superior Court, heard at Chambers on the 3lst of January, 1883, before Shipp, J. His Honor vacated the order upon the ground that the affidavit does not state a cause of action authorizing an attachment, and the jjlaintiff appealed.
1Opinion of the CourtRuffin, J.
The appeal in this case is taken from an order made at Chambers vacating an attachment hitherto issued by the clerk.
In his affidavit, filed in support of his application for the attachment, the plaintiff sets forth his demand as having arisen “upon a contract which the defendant made with him, to furnish him with buggies of defendant’s make, of which he was to have the exclusive sale in the city of Charlotte,” which contract, he alleges, the defendant failed to perform and thereby became “ indebted to him in the sum of one thousand dollars, as nearly as he can ascertain the same.” The reason…
2Cases cited2 opinions
- Price v. . CoxSupreme Court of North Carolina · 1880
- Palmer v. . BosherSupreme Court of North Carolina · 1874
3Cited by8 opinions
- Hale Bros. v. MillikenCalifornia Supreme Court · 1904
- Winfree v. . BagleySupreme Court of North Carolina · 1889
- Long v. Home Insurance Co.Supreme Court of North Carolina · 1894
- Mullen v. Norfolk & Carolina Canal Co.Supreme Court of North Carolina · 1894
- Coats v. ArthurSouth Dakota Supreme Court · 1894
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