Cook v. New York Corundum Co.

Citations

• 19 S.E. 664
• 114 N.C. 617

Syllabus

<p>Attachment — Insufficiency of Affidavit — Amendment—-Appeal.</p> <p>1. The Court has power to permit amendment of an affidavit, in attachment proceedings which was insufficient as failing to state how the debt arose, and from an order granting such amendment no appeal lies.</p> <p>2. An amendment of an insufficient affidavit in attachment relates back to the beginning of the proceedings, and no rights based on such irregularity can be acquired by third parties by subsequent attachments intervening between the original affidavit and the amendment.</p> <p>3. Parties who intervene in attachment proceedings cannot be heard to object to the irregularity of the same, that being a matter between the parties to the main action.</p>