State v. Morgan.
Supreme Court of North Carolina
Senas Kacias by tbe State against Lawrence Morgan and others, heard by Judge Frederick Moore, at February Terra, 3 904, of the Superior Court of WinsoN County. This is a proceeding by scire facias to enforce a forfeited recognizance.
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Senas Kacias by tbe State against Lawrence Morgan and others, heard by Judge Frederick Moore, at February Terra, 3 904, of the Superior Court of WinsoN County. This is a proceeding by scire facias to enforce a forfeited recognizance. The respondents had entered into a recognizance in the sum of $6,000, conditioned that the de-fencTant Morgan should make his personal appearance at the Superior Court on the second Monday of December, 1903, to answer a criminal charge for murder and not depart the same without leave. On the record of the Court at said December Term is this entry: “The defendant…
1Opinion of the Court
Walkjsxí, J.,
after stating the facts. The obligation of Morgan and his sureties for his appearance at court was treated in the argument before us as a recognizance, though it has the form and appearance of a bond, and it is so called in one part of the record, while in the scire facias it is referred to as a recognizance. State v. Houston, 74 N. C., 549; State v. Jones, 88 N. C., 683. There was much said in the discussion here about the technical distinction between the two in respect to the method of their enforcement, but we think it can make little or no practical difference, in the view…
2Cases cited13 opinions
- State v. WenzelIndiana Supreme Court · 1881
- State v. W. A. Smith.Supreme Court of North Carolina · 1872
- Welborn v. PeopleIllinois Supreme Court · 1875
- Zeisweiss v. JamesSupreme Court of Pennsylvania · 1870
- Maynes v. BrockwaySupreme Court of Iowa · 1881
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3Cited by15 opinions
- State v. Schenck.Supreme Court of North Carolina · 1905
- Nicholson v. StateSupreme Court of Oklahoma · 1925
- State v. WrightSupreme Court of Oklahoma · 1943
- Mahaney v. StateSupreme Court of Oklahoma · 1925
- State v. . BradsherSupreme Court of North Carolina · 1925
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