Atlantic Bank v. Frankford
This text of 61 N.C. 199 (Atlantic Bank v. Frankford) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff’s counsel moved to amend the affidavit by striking from it certain words, and the court allowed the motion.
It does not appear that it was sworn to again after it was thus amended. It was then no affidavit at all, and the plaintiff could not be convicted of perjury, if, as amended, it be false. The case stands then as if there were no affi *200 davit. An original attachment, without an affidavit to support it, is irregular, and may be quashed on motion.
There is error in the refusal to quash.
Per Curiam. Judgment reversed.
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61 N.C. 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-bank-v-frankford-nc-1867.