Town of Gastonia v. McEntee-Peterson Engineering Co.
Supreme Court of North Carolina
ActioN by tbe town of Gastonia and others against the McEntee-Peterson Engineering Company and the American Surety Company, heard by Judge H. B. 8tarbuclc and a jury, at February Term, 1902, of the Superior Court of Gaston County. This was a civil action, tried at the Spring Term, 1902, of Gaston Superior Court by Judge Starbuck.
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ActioN by tbe town of Gastonia and others against the McEntee-Peterson Engineering Company and the American Surety Company, heard by Judge H. B. 8tarbuclc and a jury, at February Term, 1902, of the Superior Court of Gaston County. This was a civil action, tried at the Spring Term, 1902, of Gaston Superior Court by Judge Starbuck. A jury trial having been waived, the Court having found the facts as set out in the record, to which findings there was no exception, except to finding No. 12. The action was originally brought by the town of Gastonia to recover upon a bond in the penal sum of…
1Opinion of the CourtClark, J.
(after stating; the case as above). The exceptions to the judgment of the Court, holding that the attachment levied upon the water works pumping station and electric lighting plant created no lien on the property, can not be sustained. Snow v. Commissioners, 112 N. C., 335; Vaughn v. Commissioners, 118 N. C., 636.
It is true that in the case of an ordinary debt owing by a town to a third person, the debt may be garnisheed, 1 Dillon Mun. Corp. (4th Ed.), Sec. 101; but here, the engineering company itself could not have recovered the fund until it had complied with its contract with the town by…
2Cases cited3 opinions
- Snow v. Board of CommissionersSupreme Court of North Carolina · 1893
- Vaughn v. Commissioners of Forsyth CountySupreme Court of North Carolina · 1896
- Patton v. . CarrSupreme Court of North Carolina · 1895
3Cited by5 opinions
- North Carolina Natural Gas Corporation v. Seaboard Surety CorporationCourt of Appeals for the Fourth Circuit · 1960
- Pratt Lumber Co. v. T. H. Gill Co.District Court, E.D. North Carolina · 1922
- Des Moines Bridge & Iron Works v. PlaneSupreme Court of Iowa · 1913
- Wyatt Lumber Supply Company, Inc. v. HansenSupreme Court of Arkansas · 1940
- Gallegos v. EspinozaNew Mexico Court of Appeals · 2001