Swaim v. . Fentress
Supreme Court of North Carolina
The facts of this case, as -collected from the record, are these: Fentress, on the 24th November, 1818, sued out an original attachment against one Williams, returnable to the County Court of Randolph; in which Swaim appeared upon the first notice served on him as garnishee, and made bis garnishment on 6th February, 1821, at which term there was a conditional judgment of condemnation of the sum in his hands sufficient to pay the recovery the plaintiff might make.
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The facts of this case, as -collected from the record, are these: Fentress, on the 24th November, 1818, sued out an original attachment against one Williams, returnable to the County Court of Randolph; in which Swaim appeared upon the first notice served on him as garnishee, and made bis garnishment on 6th February, 1821, at which term there was a conditional judgment of condemnation of the sum in his hands sufficient to pay the recovery the plaintiff might make. At November, 1821,a judgment by defaultwas entered againstthe defendant JFii-liams, and at February following,the writ of inquiry…
1Opinion of the Court
Ruitin, Chief-Justice
After stating the record of the attachment against Williams, and the facts as above mentioned, proceeded as follows: — Deeming this, for the present, an appropriate remedy, for the applicant, we are far from thinking he has entitled himself to it. It is intended to supply the place of an appeal, of which the party has been deprived, or which he has lost by accident; and is an extraordinary remedy, accessible only to one who lias been injuriously denied the ordinary one of appeal, or who has merits, and lias been diligent, as far as he could be, in applying for this. The…
2Cited by2 opinions
- Haughton v. . AllenSupreme Court of North Carolina · 1801
- Whitley v. . BlackSupreme Court of North Carolina · 1822