Sheldon v. . Kivett
Supreme Court of North Carolina
Appeal from Winston, J., at July Term, 1891, of Gran-ville Superior Court. This action was commenced by summons issued by a Justice of the Peace on the 25th of April, 1891. Upon the return of summons by the Sheriff — “The within defendant not to be found in my county; resident of Texas” — the plaintiff gave the undertaking set out in the record, and sued out a warrant of attachment and obtained the order of publication of the affidavit, of which the following is a copy,…
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Appeal from Winston, J., at July Term, 1891, of Gran-ville Superior Court. This action was commenced by summons issued by a Justice of the Peace on the 25th of April, 1891. Upon the return of summons by the Sheriff — “The within defendant not to be found in my county; resident of Texas” — the plaintiff gave the undertaking set out in the record, and sued out a warrant of attachment and obtained the order of publication of the affidavit, of which the following is a copy, to-wit (with the omission of the words in italics, which were subsequently added by amendment in the Superior Court) “A. W.…
1Opinion of the Court
Clark, J.:
The original affidavit was defective in the particulars in which it was amended. Faulk v. Smith, 84 N. C., 501. But it is settled that it could be amended by leave of the Court, granted in its discretion, even though the first affidavit were wholly insufficient. Brown v. Hawkins, 65 N. C., 645; Pope v. Frank, 81 N. C., 180; Bank v. Blossom, 92 N. C., 695; Penniman v. Daniel, 93 N. C., 332; Cushing v. Styron, 104 N. C., 338. In those cases the action began in the Superior -Court. For a stronger reason, the power of amendment existed here, where the action began, in a Magistrate’s…
2Cases cited16 opinions
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
- Branch v. . FrankSupreme Court of North Carolina · 1879
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fidelity & Casualty Co. v. GreenSupreme Court of North Carolina · 1931
- Davis v. . DavisSupreme Court of North Carolina · 1920
- Jenette v. Hovey & Co.Supreme Court of North Carolina · 1921
- S. B. Luttrell & Co. v. MartinSupreme Court of North Carolina · 1893
- Judd v. Crawford Gold Mining Co.Supreme Court of North Carolina · 1897
9 more not listed; retrieve them via the Exa API.