Judd v. Crawford Gold Mining Co.
Supreme Court of North Carolina
MotioN to vacate an attachment, heard before Norwood, J., at Spring Term, 1897, of Stanly Superior Court iu an action for damages arising out of an alleged breach of contract.
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MotioN to vacate an attachment, heard before Norwood, J., at Spring Term, 1897, of Stanly Superior Court iu an action for damages arising out of an alleged breach of contract. The affidavit to procure the attachment, and upon which the order of attachment was made, is as follows, viz. : “Henry A. Judd, being duly sworn, says: That the Crawford Gold Mining Company, the defendants, are justly indebted unto Henry A. Judd and Bichard Eames, Jr., the plaintiffs, in the sum of $2,500, as nearly as he can ascertain the same, over and above all discounts w hich the said defendants have against them,…
1Opinion of the Court
Clabe, J.:
The attachment law was materially amended by the Code Commission, and under Section 847 of The Gode “an attachment now lies for unliquidated damages arising out of breach of contract” or (under Acts, 1893, Ch. 77) for injury to real as well as personal property. Long v. Insurance Co., 114, 465, 470; Gas Co. v. Construction Co., 113 N. C., 549.
The affidavit for attachment was, however, insufficient ,on the second ground assigned in the motion to vacate. When the affidavit is that the defendants are “about to assign or dispose of their property with intent to defraud the plaintiffs,’'…
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