Tisdale v. . Eubanks
Supreme Court of North Carolina
Civil aotioN for libel, heard on motion to discharge an attachment transferred from the clerk, before Bond, J., at September Term, 1920, of Chaven.
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Civil aotioN for libel, heard on motion to discharge an attachment transferred from the clerk, before Bond, J., at September Term, 1920, of Chaven. On the hearing it was made to appear that the action is for libel; that no personal summons has been thus far obtained, and plaintiff is proceeding by publication; that, on proper affidavits, plaintiff has procured an attachment in the cause, and same has been levied on property of the defendant, situate within the jurisdiction of the court; that defendant has entered a special appearance; and moved to discharge the attachment on the ground that,…
1Opinion of the CourtHoke, J.
Our statute on the subject, Eev., 728, provides that an attachment lies in actions for;
1. Breach of contract, express or implied.
2. Wrongful conversion of personal property.
3. Any other injury to real or personal property in consequence of negligence, fraud, or other wrongful act.
4. Any injury to the person by negligence or wrongful act.
The approved writers on the subject, Blackstone, Kent, Cooley, and others, generally maintain the security of one’s reputation and good name as among the personal rights of the citizen entitled to the protection of the law, and, in this view, the language of…
2Cases cited12 opinions
- Johnson v. Bradstreet Co.Supreme Court of Georgia · 1891
- Winfree v. . BagleySupreme Court of North Carolina · 1889
- Riddle v. . MacFaddenNew York Court of Appeals · 1911
- Thompson v. JudyCourt of Appeals for the Sixth Circuit · 1909
- Johnson v. . WhildenSupreme Court of North Carolina · 1914
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3Cited by4 opinions
- Wayt v. DHSC, L.L.C. (Slip Opinion)Ohio Supreme Court · 2018
- Mitchell v. . TalleySupreme Court of North Carolina · 1921
- Smith v. BuckOhio Supreme Court · 1928
- Long v. . Ins. Co.Supreme Court of North Carolina · 1894