Citizens Bank & Trust Co. v. McCoin

173 S.E. 345, 206 N.C. 272, 1934 N.C. LEXIS 162

Opinion

CONNOR, J.

Judge Parker’s finding that tbe attacbment proceedings in tbis action against tbe principal defendant R. S. McCoin are valid in all respects, is supported by evidence appearing in the case on appeal as certified to this Court.

The evidence shows that B. S. McCoin, for many years a resident of this State, left his home in Henderson, N. C., on 22 December, 1932, and went to the State of Virginia. Since that date, his whereabouts have been and are unknown-to his business associates, relatives, and friends in this State. There is no evidence tending to show that since he left his home in Henderson, he has at any time returned to this State, or that he has any intention to do so. There is no evidence tending to show that he is dead. This evidence is sufficient to support the finding by Judge Parker that the defendant B. S. McCoin is now and was at the date of the commencement of this action a nonresident of this State. Brann v. Hanes, 194 N. C., 571, 140 S. E., 292.

As the Superior Court of Vance County has jurisdiction of both the cause of action alleged in the complaint, and the principal defendant, the garnishees cannot attack the validity of the garnishment proceedings against them on other grounds. 28 C. J., p. 276, 12 B. C. L., p. 830. The judgment is

Affirmed.