Note. — Fryar’s adm’rs v. Blackmore’s adm’rs. 2 Hay. 374. 3 Sand. 101, note 1.
Allen v. Williams, 2 N.C. 22, 1 Hayw. 22 (1792)
April 1792
·
North Carolina Superior Court
2 N.C. 22, 1 Hayw. 22
Allen v. Williams, Garnishee.
Allen sued Hamilton by attachment in the County Court of Granville, and Williams was summoned as a garnishee, attended four days, and by the record it did not appear he was solemnly called as the act directs, or *23that any sci. fa. had ever issued agaist him: but yet judgment was entered against him. On the part of the Plaintiff below, it was acknowledged there was error in the proceedings ; hut it was insisted on for him, that a writ of error should be brought, and not a certiorari, as had been done in the present instance. E contra, the Counsel for Williams, the garnishee, cited Salk. 263, and insisted that the certiorari lay in this case, and indeed wras the only proper writ, the attachment law being not according to the course of the common law $ and so the Court determined, and reversed the judgment against the garnishee.