Carson v. Woodrow
Supreme Court of North Carolina
Appeal by plaintiff from Garter, J., at March. Term, 1912, of Nash. Civil action beard on special appearance and motion to dissolve an attachment.
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Appeal by plaintiff from Garter, J., at March. Term, 1912, of Nash. Civil action beard on special appearance and motion to dissolve an attachment. On the hearing it was made to appear that the warrant of attachment purported to issue from Superior Court of Nash County and to the counties of Nash and Edgecombe, and that to Edgecombe under which the property was levied on being addressed “To any constable or other lawful officer of Edge-combe County — Greeting,” and return made thereon:. Seized and levied on, and the following property, etc. (Signed) W. G. Bullock, Constable, No. 12 Township,…
1Opinion of the Court
HoKe, J.,
after stating the case: On the facts presented we are of the opinion that the attachment in this case was properly dissolved. Our statute on this subject (Revisal, ch. 12, sec. 758 et seq.) in general terms provides that the writ may issue when the requisite facts are shown to the court by affidavit of prescribed form and substance, and before issuing the same the officer who issues, for the purpose of indemnifying defendant, shall require an undertaking with sufficient surety in a sum not less than $200, etc.
While our decisions are to the effect that when the terms of the law are…
2Cases cited4 opinions
- Den. Ex Dem. Skinner v. MooreSupreme Court of North Carolina · 1836
- Davis v. . SanderlinSupreme Court of North Carolina · 1896
- McGloughan v. . MitchellSupreme Court of North Carolina · 1900
- Croom and Others v. . MousleySupreme Court of North Carolina · 1869
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- T. C. May Co. v. Menzies Shoe Co.Supreme Court of North Carolina · 1923
- Glenn v. One 1946 Tudor Ford, South Carolina License No. D-154-050Supreme Court of South Carolina · 1952
- May v. . MenziesSupreme Court of North Carolina · 1923