Bruff, Faulkner & Co. v. Stern & Bro.
Supreme Court of North Carolina
Motion to Vacate an Attachment, heard at Spring Term., 1879, of Pitt Superior Court, before Seymour, J. Upon affidavit of an agent of the plaintiffs an attachment issued against the defendants, and the sheriff by virtue thereof seized certain property of defendants, who subsequently upon notice moved to dissolve the order of attachment, which motion was denied by the court; and it appearing that issues of fact were raised by the intervening interests of a trustee and of the…
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Motion to Vacate an Attachment, heard at Spring Term., 1879, of Pitt Superior Court, before Seymour, J. Upon affidavit of an agent of the plaintiffs an attachment issued against the defendants, and the sheriff by virtue thereof seized certain property of defendants, who subsequently upon notice moved to dissolve the order of attachment, which motion was denied by the court; and it appearing that issues of fact were raised by the intervening interests of a trustee and of the creditors of defendants,- the court ordered the case to be set for trial before a jury. The facts are fully stated in…
1Opinion of the CourtSmith, C. J.
The plaintiffs, at the time of suing out their summons on the 13th day of January, 1879, applied for an attachment against the goods of the defendants upon an affidavit made in their behalf by one George L. Pender, their agent.
The affidavit states that the defendants, on or about the 8th day of January, 1879, made an assignment of their stock of goods and entire visible estate to one A. Ostheim, of New York, the father of the wife of the defendant, Max. Stern, and an alleged creditor of the firm to the amount of forty-five hundred dollars or thereabouts, in trust after payment of expenses, to…
2Cases cited5 opinions
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Burns & Smucker v. Harris & AllenSupreme Court of North Carolina · 1872
- Doe on the Dem. of Lassiter v. DavisSupreme Court of North Carolina · 1870
- Brown, Daniel & Co. v. HawkinsSupreme Court of North Carolina · 1871
- Ponton v. McAdooSupreme Court of North Carolina · 1874
3Cited by12 opinions
- Sheldon v. . KivettSupreme Court of North Carolina · 1892
- Wm. Devries & Co. v. SummitSupreme Court of North Carolina · 1882
- Florida Loan & Trust Co. v. CrabbSupreme Court of Florida · 1903
- Sims v. Goettle Bros.Supreme Court of North Carolina · 1880
- Hale v. . RichardsonSupreme Court of North Carolina · 1883
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