Smith v. American Bonding Co.
Supreme Court of North Carolina
Appeal by defendant from Bragarn, J., at Spring Term, 1912, of Perquimans. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Chief Justice Clark.
1Opinion of the Court
Clare:, C. J.
Tbis is an action to recover damages alleged to bave been sustained by reason of tbe wrongful levy of an attachment upon tbe property of tbe plaintiff in a former proceeding in wbicb be was defendant and successfully defended tbe suit.
Tbe plea of tbe statute of limitations cannot be sustained. Tbougb tbe property seized under tbe attachment was released upon tbe execution of tbe defendant’s undertaking more than three years before tbe beginning of tbis action, tbe “recovery of judgment by tbe defendant,” wbicb was tbe condition authorizing suit upon tbe undertaking (Eevisal, 763)…
2Cases cited3 opinions
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
- Midgett v. . VannSupreme Court of North Carolina · 1912
- Hyman v. . DevereuxSupreme Court of North Carolina · 1871
3Cited by4 opinions
- Brown v. Guaranty Estates Corp.Supreme Court of North Carolina · 1954
- National Motor Service Co. v. WaltersIdaho Supreme Court · 1963
- Brandtjen & Kluge, Inc. v. ManneyCourt of Appeals of Texas · 1951
- Gordon v. Kentucky Midland Coal Co.Tennessee Supreme Court · 1925