Roseman Feed Co. v. Nashville Grain & Feed Co.
Supreme Court of North Carolina
Appeal by intervener from ShcCiv, J., at the July Term, 1921, of McDowell. Civil actions to recover damages for alleged breaches of contracts, by consent consolidated and tried together in the Superior Court.
Read the full summary
Appeal by intervener from ShcCiv, J., at the July Term, 1921, of McDowell. Civil actions to recover damages for alleged breaches of contracts, by consent consolidated and tried together in the Superior Court. Plaintiffs, local companies, having causes of action against the Nashville Grain and Feed Company, a foreign resident partnership,’ instituted these suits in the Superior Court of McDowell County, and in each case sought to obtain service upon the defendants by attaching the proceeds of certain drafts in the hands of the First National Bank of Marion, N. C., and the First National Bank…
1Opinion of the CourtStacy, J.
The first exception appearing on the record is directed to his Honor’s refusal to vacate the warrants of attachment, for that it does not appear affirmatively that the property attached belongs to the nonresident defendants, and it is therefore contended that the court was without authority to proceed further in the cause. It should be observed that the defendants have made no appearance and filed no answer in either case. This jurisdictional question, arising from an alleged want of proper servipe, is sought to be raised by the intervener after having taken the property upon the execution of…
2Cases cited4 opinions
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- First National Bank of Springfield v. Asheville Furniture & Lumber Co.Supreme Court of North Carolina · 1897
- L. H. Blair & Co. v. PuryearSupreme Court of North Carolina · 1882
- Forbis v. Piedmont Lumber Co.Supreme Court of North Carolina · 1914
3Cited by5 opinions
- Michigan Sanitarium & Benevolent Ass'n v. NealSupreme Court of North Carolina · 1927
- Mangum v. Mutual Grain Co.Supreme Court of North Carolina · 1922
- Sitterson v. . SpellerSupreme Court of North Carolina · 1925
- Bulluck v. . HaleySupreme Court of North Carolina · 1930
- Adams v. . CaudleSupreme Court of North Carolina · 1924