Branch v. . Frank
Supreme Court of North Carolina
MotioN to vacate an Order of Attachment heard at Spring Term,, 1879, of Halifax Superior Court, before Eure, J. The affidavit of plaintiffs upon which the order of attachment was issued is substantially as follows : 1. That the plaintiffs are partners doing business in En-field, N. C., and the defendants, in Baltimore. 2. That on or about the 13th of September, 1878, plaintiffs bought of defendants goods-to the amount of seven hundred dollars, in the city of Baltimore, for…
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MotioN to vacate an Order of Attachment heard at Spring Term,, 1879, of Halifax Superior Court, before Eure, J. The affidavit of plaintiffs upon which the order of attachment was issued is substantially as follows : 1. That the plaintiffs are partners doing business in En-field, N. C., and the defendants, in Baltimore. 2. That on or about the 13th of September, 1878, plaintiffs bought of defendants goods-to the amount of seven hundred dollars, in the city of Baltimore, for sale by plaintiffs in Enfield. 3. That defendants then agreed to forward the goods without delay, but disregarding their…
1Opinion of the CourtAshe, J.
This was a motion to vacate an attachment. The motion was based upon two grounds; first, that the af fidavit for the attachment did not state “that the court has jurisdiction of the subject matter of the actionsecond, “that it did not state positively that the defendants had property in the state, but stated that the defendants had property therein, as plaintiffs are informed and believe, consisting of a debt due or shortly to be due them by L. A. Farinholt in Weldon.”
It seems that the corrrt below fell into the error of confounding the requisites of the affidavit for service of summons by…
2Cited by12 opinions
- Sumner v. . StatonSupreme Court of North Carolina · 1909
- Fidelity & Casualty Co. v. GreenSupreme Court of North Carolina · 1931
- Sheldon v. . KivettSupreme Court of North Carolina · 1892
- Jenette v. Hovey & Co.Supreme Court of North Carolina · 1921
- Mills v. . HanselSupreme Court of North Carolina · 1915
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