Zachary v. . Holden
47 N.C. 453
Opinion
Allen v. Greenlee, 2 Dev. 370, is a direct authority in support of the decision made in the Court below.
The same principle is applied to a converse state of facts, Rodgers v. Pitman, 2 Jones 56. The two cases settle the rule to be, that where process is valid and sued out maliciously, the proper action is case; where the process is void, as for *454 want of jurisdiction, the proper action is trespass vi eb a/rmis or trover.
Pee CueiaM. Judgment affirmed.
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Zachary v. . Holden, 47 N.C. 453 (N.C. 1855).
47 N.C. 453 (Zachary v. . Holden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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