Wm. Devries & Co. v. Summit
Supreme Court of North Carolina
MotioN to vacate an order of arrest in an action pending in Gaston Superior Court, heard at Chambers on May 14, 1881, before Eure, J. The plaintiffs instituted their action on December 18th, 1880, to recover a debt alleged to be due for goods sold and delivered, and on the same day obtained an order of arrest and warrant of attachment upon the affidavit of Harris Hopkins, their agent and salesman, who states the amount of the claim, and further on information and belief; 1.…
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MotioN to vacate an order of arrest in an action pending in Gaston Superior Court, heard at Chambers on May 14, 1881, before Eure, J. The plaintiffs instituted their action on December 18th, 1880, to recover a debt alleged to be due for goods sold and delivered, and on the same day obtained an order of arrest and warrant of attachment upon the affidavit of Harris Hopkins, their agent and salesman, who states the amount of the claim, and further on information and belief; 1. That the defendant is about to lea/ve the state and with intent to defraud his creditors ; 2. That with like intent he…
1Opinion of the Court
Smith, C. J.,
after stating the above. It is insisted that the ruling is erroneous, in that,'the findings of fact are imperfect, and do not dispose of all the controverted matters upon which the revoked order and warrant depend, and especially in the omission to pass upon the charge of the defendant’s evasion and concealment (while holding a large-amount of money) of his person from the witness, Coleman,, when in search of the defendant.
We think the objection untenable for several reasons.
The regularity and validity of these ancillary remedies-must be determined upon the facts existing, and…
2Cases cited10 opinions
- Charles Skinner v. . D. G. MaxwellSupreme Court of North Carolina · 1872
- Bear v. . CohenSupreme Court of North Carolina · 1871
- Perry v. TupperSupreme Court of North Carolina · 1874
- Kitchen v. LeeNew York Court of Chancery · 1844
- Bruff, Faulkner & Co. v. Stern & Bro.Supreme Court of North Carolina · 1879
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3Cited by11 opinions
- State v. . MooreSupreme Court of North Carolina · 1889
- Mintz v. . FrinkSupreme Court of North Carolina · 1940
- Harriss v. . SneedenSupreme Court of North Carolina · 1888
- Mahoney v. Tyler.Supreme Court of North Carolina · 1904
- Lackett v. RumbaughU.S. Circuit Court for the District of Western North Carolina · 1891
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