Millhiser v. . Balsley

Citations

• 11 S.E. 314
• 106 N.C. 433

Syllabus

<p>Motion to Vacate Attachment— When Court to Set Out Findings of Fact — Findings of Fact Not Reviewable.</p> <p>1. The facts found by the Court below upon a motion to vacate a warrant of attachment are not reviewable in this Court.</p> <p>2. It is not necessary that the Court below should set forth in its judgment upon a motion to vacate a warrant of attachment, the findings of fact upon which the judgment is based, unless it is claimed that the Court erred in applying the law to the facts as found. In such case, it is the duty of the Court to set out the findings of fact.</p> <p>3. Section 417 of The Code is not applicable to a motion to vacate a warrant of attachment.</p>