Wynne v. Conrad

Tbe question involved: Did tbe court err in entering'-' tbe order tbat tbe judgment of nonsuit rendered in this action at tbe Second March Term, 1935, be set aside? We think so.

This action was instituted 29 September, 1930. Tbe provisional or ancillary remedy of claim and delivery was taken out for certain personal property by reason of a chattel mortgage held by plaintiff to secure the indebtedness of defendant. The complaint was filed tbe same day. The defendant lived in Durham County, N. C., and tbe summons was served on the defendant on 30 September, 1930, and certain property taken under…