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eBook details

• Title: North Carolina v. Monk
• Author : Supreme Court of North Carolina
• Release Date : January 12, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The plaintiff first contends that the district court the jurisdiction because this is an in rem or quasi in rem action. Plaintiff argues this is so because there is a debt owed by persons in North Carolina to the parties to this suit. We do not believe this is an action in rem or quasi in rem. An in rem action deals with a proceeding regarding a thing. An action is quasi in rem if a thing which is not the subject of an action is attached or garnished in an ancillary proceeding in order to make it subject to the judgment against the defendant. See Holt v. Holt, 41 N.C. App. 344, 255 S.E.2d 407(1979); Balcon, Inc. v. Sadler, 36 N.C. App. 322, 244 S.E.2d 164 (1978); Allen and OHara, Inc. v. Weingart, 23 N.C. App. 676, 209 S.e. 839 (1974). In this case the plaintiff has asked for an accounting from the defendant for money which she received in Florida. This does not affect the debt which is owed by the persons in North Carolina to the parties to this suit. This is not an in rem action. The plaintiff has not garnished the debt in this state as an ancillary proceeding to this action. This is not a quasi in rem action.

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