Zachary v. . Holden
Cases that cite this one
2 later published cases cite this decision.
- Moser v. Fulk (N.C. 1953)
- Rhodes v. . Collins (N.C. 1929)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.