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CAROLINA PAPER COMPANY, INC. v. BOUCHELLE

No. 27.

203 S.E.2d 1 (1974)

285 N.C. 56

CAROLINA PAPER COMPANY, INC., Plaintiff, v. Everett B. BOUCHELLE, t/a Bouchelle Enterprises, Defendant, and W. P. Cherry & Son, Inc., Garnishee.

Supreme Court of North Carolina.

March 13, 1974.

Attorney(s) appearing for the Case

Ruff, Bond, Cobb, Wade & McNair by Thomas C. Ruff, and John E. McDonald, Jr., Charlotte, for movant-garnishee, W. P. Cherry & Son, Inc., appellant.

Harkey, Faggart, Coira & Fletcher by Harry E. Faggart, Jr., Francis M. Fletcher, Jr., and Philip D. Lambeth, Charlotte, for plaintiff-appellee.

MOORE, Justice.

G.S. § 1-440.21 states that "garnishment is not an independent action but is a proceeding ancillary to attachment and is the remedy for discovering and subjecting to attachment . . . Any indebtedness to the defendant and any other intangible personal property belonging to him. . . . " This same section states that "a garnishee is a person, firm, association, or corporation to which such a summons as specified by § 1-440.23 is issued."

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