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HISCOX v. SHEA

No. 7030SC22.

173 S.E.2d 591 (1970)

8 N.C. App. 90

John D. HISCOX v. Don B. SHEA and wife, Ruth Shea.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Hyde, by Herbert L. Hyde, Asheville, for defendant appellants.

No appearance of counsel for plaintiff.

GRAHAM, Judge.

G.S. § 1-440.36 provides as follows:

"(a) At any time before judgment in the principal action, a defendant whose property has been attached may specially or generally appear and move, either before the clerk or the judge, to dissolve the order of attachment. (b) When the defect alleged as grounds for the motion appears upon the face of the record, no issues of fact arise, and the motion is heard and determined upon the record...

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