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27 N.C. 175

Clark v. . Quinn

Supreme Court of North Carolina

Decided December 5, 1844

Supreme Court of North Carolina · decided 1844-12-05

This was an action of trover, to recover damages for the conversion of a stage coach, harness, and eight horses, which the plaintiff claimed a property in, by virtue of levies, which he had made as a constable of the county of Lincoln, under six several attachments, issued at the instance of six several creditors of one Trice, an absconding debtor; each attachment was for the recovery of a sum of money within the jurisdiction of a justice of the peace.

Decided 1844-12-05

Daniel, J.

¶1 We concur with his Honor in opinion ; all and each of the said six attachments, under which the plaintiff claimed title to the property in dispute, were void. Neither of the attachments was returnable at any particular day, nor within thirty days after the issuing of them, nor were they, or either of them, returnable within thirty days from their teste. The act of Assembly requires that such attachment, returnable before Justices of the Peace, should be made returnable before the Justice issuing it, or some other Justice, on, oí before thirty days from the date thereof, to be proceeded in, &c. Rev. St. ch. 6, s. 13,17. In the case of Washington v. Saunders (2 Dev. Rep. 343) this court decided, that original process, (which these attachments are) without any certain day mentioned in it, to which it is returnable, is void; Ibid, 346. The plaintiff) therefore, had no right or title to the property as against Trice. The property of Trice, thus being in the possession of the plaintiff, was nevertheless subject to Patton’s execution.

¶2 Per Curiam, Judgment affirmed.

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