Armstrong v. Aetna Insurance Co.

Decision herein depends upon the legal significance of what occurred in plaintiff’s prior action against the Construction Company.

The clerk’s ex parte order of attachment was properly issued under G.S. 1-440.12 if plaintiff’s verified complaint and bond for attachment met the requirements of G.S. 1-440.11 and G.S. 1-440.10, respectively.

The Construction Company, by answer (1) denied all allegations on which plaintiff based his alleged right of attachment and (2) moved to vacate the clerk’s ex parte order of attachment. It thereby challenged the legal sufficiency of plaintiff’s verified…