Cushing v. . Styron
Supreme Court of North Carolina
Attachment — Proceedings before the Clerk — Appeal—Amendment — Jurisdiction. This is a civil ACTION, tried before Shipp, J., at April Term, 1889, of New HaNOVer Superior Court, upon a motion to vacate a warrant of attachment. In the course of the action, the plaintiff availed himself of the provisional remedy of attachment. The defend■ant appeared and moved to discharge the same.
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Attachment — Proceedings before the Clerk — Appeal—Amendment — Jurisdiction. This is a civil ACTION, tried before Shipp, J., at April Term, 1889, of New HaNOVer Superior Court, upon a motion to vacate a warrant of attachment. In the course of the action, the plaintiff availed himself of the provisional remedy of attachment. The defend■ant appeared and moved to discharge the same. The plaintiff, admitting that the affidavit to obtain the warrant of attachment was defective, moved before the Clerk of the Court to amend the same in a material respect. The Clerk denied the motion and gave…
1Opinion of the CourtMerrimon, C. J.
— after stating the facts: The Clerk of the Court, acting as and for the Court, had authority, out of Term time, to grant the warrant of attachment (The Code, §351), and, likewise, to allow all proper amendments in that respect and connection. (The Code, §§251, 273.) From his decision an appeal lay to the Judge, which might be taken within ten days after the entry of the order or judgment complained of, and, within three days after the appeal was taken, it was the duty of the Clerk to “ prepare a statement of the case, of his decision, and of the appeal,” and sign the same. He should, within…
2Cases cited6 opinions
- Branch v. . FrankSupreme Court of North Carolina · 1879
- S. Marsh & Co. v. CohenSupreme Court of North Carolina · 1873
- Brown, Daniel & Co. v. HawkinsSupreme Court of North Carolina · 1871
- Penniman v. . DanielSupreme Court of North Carolina · 1885
- Palmer v. . BosherSupreme Court of North Carolina · 1874
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3Cited by5 opinions
- Cody v. . HoveySupreme Court of North Carolina · 1941
- Sheldon v. . KivettSupreme Court of North Carolina · 1892
- Fayetteville Light & Power Co. v. Lessem Co.Supreme Court of North Carolina · 1917
- Howland v. Marshall.Supreme Court of North Carolina · 1900
- Howland v. Marshall.Supreme Court of North Carolina · 1900