H. E. Westerman Lumber Co. v. Raschke

Action to recover for building materials alleged to have been sold to defendants and used by them in the construction of a dwelling-house upon their farm which they occupy as a homestead. Subsequent to the commencement of this action, plaintiff filed affidavit in attachment and procured a writ and the homestead was levied upon thereunder. Thereafter defendants moved for an order vacating the writ upon the ground that the affidavit was insufficient under the provisions of G. S. 1923, § 9343. The court granted the motion and set aside the writ. From such order, plaintiff appealed.

Ir lieu of the…