State to the Use of the Board of Education v. . Moody
Supreme Court of North Carolina
Certiorari, upon a judgment rendered at Spring Term, 1875, of the Superior Court of Robesok county, his Honor Judge Kerr, presiding. The defendants, A. C. Moody, W. C. Troy and W. J. Brown, had entered into a recognizance for the personal appearance of A. C. Moody at Fall Term, 1871, of the Superior Court of Robeson county, to answer an indictment which might then be found against him..
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Certiorari, upon a judgment rendered at Spring Term, 1875, of the Superior Court of Robesok county, his Honor Judge Kerr, presiding. The defendants, A. C. Moody, W. C. Troy and W. J. Brown, had entered into a recognizance for the personal appearance of A. C. Moody at Fall Term, 1871, of the Superior Court of Robeson county, to answer an indictment which might then be found against him.. A scire facias, reciting that A. C. Moody had failed to make his appearance at that term of the court, was issued returnable to Spring Term, 1872, summoning the defendants to appear and show cause why judgment…
1Opinion of the CourtReade, J.
The statute is so broad that there can be no doubt that the Judges of the Superior Courts have the power to remit or lessen forfeited recognizances, either before of after final judgment, upon the petition of the party aggrieved. Bat. Rev., chap. 33, secs. 83, 84, 85. And this is a matter of .judicial discretion in the Judges below, which we .cannot review, except for some error in a matter of law or legal inference.
Admitting that to be so, still it is insisted, that his Honor had no power to grant the relief sought in- this case, because it was res aajudicata. That at a prior term of the…
2Cases cited1 opinion
- State v. . MoodySupreme Court of North Carolina · 1873
3Cited by4 opinions
- United States v. JenkinsCourt of Appeals for the Fourth Circuit · 1909
- State v. DouglasWest Virginia Supreme Court · 1922
- Jordan v. CommonwealthSupreme Court of Virginia · 1923
- State v. HawkinsCourt of Appeals of North Carolina · 1972