Whitaker v. . Wade

The ancillary writ of attachment may be issued only on one or more of the grounds specified by statute, G. S. 1-440.3, and the grounds upon which it is issued must be made to appear by affidavit. G. S. 1-440.11.

When the defendant contests the grounds on which the writ issued, the statute provides a ready means of attack upon the writ without awaiting the trial of the main issue. G. S. 1-440.36. Rut this remedy is not exclusive. G. S. 1-440.41. He may make the necessary allegations in his answer by way of defense and await the trail. Bizzell v. Mitchell, 195 N. C., 484. This latter course was…