ARMSTRONG v. AETNA INSURANCE CO.

No. 596.

106 S.E.2d 515 (1959)

249 N.C. 352

L. R. ARMSTRONG v. AETNA INSURANCE COMPANY.

Supreme Court of North Carolina.

January 14, 1959.


Attorney(s) appearing for the Case

James C. Bowman, Southport, Edgar L. Yow, Carter & Murchison, James C. Fox, Wilmington, for plaintiff-appellant.

Fletcher & Lake, Raleigh, for defendant-appellee.


BOBBITT, Justice.

Decision herein depends upon the legal significance of what occurred in plaintiff's prior action against the Construction Company.

The clerk's ex parte order of attachment was properly issued under G.S. § 1-440.12 if plaintiff's verified complaint and bond for attachment met the requirements of G. S. § 1-440.11 and G.S. § 1-440.10, respectively.

The Construction Company, by answer (1) denied all allegations...

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