ALLEN & O'HARA, INC. v. WEINGART

No. 7426SC796.

209 S.E.2d 839 (1974)

23 N.C. App. 676

ALLEN & O'HARA, INC. v. Kenneth E. WEINGART and wife, Dorothy P. Weingart.

Court of Appeals of North Carolina.

November 20, 1974.


Attorney(s) appearing for the Case

Farris, Mallard & Underwood, P. A. by Charles H. Cranford, Charlotte, for plaintiff appellee.

Cole & Chesson by Calvin W. Chesson, Charlotte, for defendant appellants.


HEDRICK, Judge.

The principal question presented by this appeal is whether the courts of this state obtain quasi in rem jurisdiction to adjudicate a cause of action arising wholly outside this state when a nonresident plaintiff, pursuant to G.S. § 1-440.1 et seq., attaches the real property of a nonresident defendant located in this state.

G.S. § 1-75.8, in pertinent part, provides:

"A court of this State having jurisdiction of the subject...

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