W. P. Love & Co. v. Young
Supreme Court of North Carolina
This was a motion made by the defendants to dismiss the case heard by Logan, J., at the last Term of the Superior Court of Cleveland county. The motion was granted, and the case dismissed, and from the order of dismissal, the plaintiff applealed. The facts explanatory of the case are sufficiently stated in the opinion of the Court.
1Opinion of the CourtPearson, C. J.
The warrant of attachment may be issued “ whenever it shall appear by affidavit, ” &c., and that the defendant is a non-resident, or has departed therefrom with intent to defraud his creditors, and to avoid the service of a summons or keeps himself concealed with like intent, &c., ” C. C. P., sec. 201.
The affidavit in this proceeding is “ that the defendant is absent, so that the ordinary process of law cannot be served on him. ” He may have gone on a visit of pleasure or ©f business, but non constat, that he left with intent to defraud his creditors or to avoid service of process.
The…
2Cases cited1 opinion
- Brown, Daniel & Co. v. HawkinsSupreme Court of North Carolina · 1873
3Cited by2 opinions
- Thomas v. StateSupreme Court of Georgia · 2024
- Hess, Rogers Co. v. . BrowerSupreme Court of North Carolina · 1877