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PORTER v. CITIZENS BANK OF WARRENTON

No. 394.

105 S.E.2d 669 (1958)

249 N.C. 173

Margaret Fuller PORTER v. The CITIZENS BANK OF WARRENTON, Inc., Mrs. Alice Southerland, trading as The Style Shop, E. E. Gillam, trading as Gillam Auto Company, and J. B. Martin.

Supreme Court of North Carolina.

November 19, 1958.

Attorney(s) appearing for the Case

Respondent J. B. Martin excepted and appealed.

Banzet & Banzet, Warrenton, for petitioner, appellee.

William W. Taylor, Jr., and Charles T. Johnson, Jr., Warrenton, for respondent J. B. Martin, appellant.

BOBBITT, Justice.

It was expressly adjudged that the judgment obtained by respondent J. B. Martin, pursuant to attachment proceedings, was a lien on George S. Comer's share of the $9,382.34 deposit. Whether petitioner, by virtue of Judge Hall's order of June 4, 1957, entered in the separate action for alimony without divorce, has a lien thereon superior to Martin's lien, is the only question discussed in the briefs and on oral argument.

The stipulated facts...

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