State v. W. A. Smith.
Supreme Court of North Carolina
This was a motion for judgment upon a scire facias issued upon judgment nisi on a recognizance. The defendant in the indictment bad entered into bond with W. A. Smith as surety, for iiis appearance at Rail Term, 1870, of Johnston Superior Court. He appeared at said term and procured a continuance of his case; he was required to give bond for an appearance at the subsequent term. This bond lie failed to give, and departed without leave of tbe Court.
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This was a motion for judgment upon a scire facias issued upon judgment nisi on a recognizance. The defendant in the indictment bad entered into bond with W. A. Smith as surety, for iiis appearance at Rail Term, 1870, of Johnston Superior Court. He appeared at said term and procured a continuance of his case; he was required to give bond for an appearance at the subsequent term. This bond lie failed to give, and departed without leave of tbe Court. On a subsequent day of the term he was called and failed to appear and judgment nisi was entered against him and Ms surety. Tbe defendant, Smith,…
1Opinion of the CourtBoydeN, J.
His Honor was mistaken in holding that a defendant could not be called out after the cause had been continued. The defendant was only allowed to depart upon entering into a recognizance of $500, birt he departed without, having entered into the recognizance as required. His recognizance required him not to depart without leave of the Court. It is the universal practice near the close of the Court to look over the docket, and call such defendants as have departed without the leave of the Court.
But in such case, it is not regular to enter a judgment nisi. £iA recognizance, duly entered into, is…
2Cited by11 opinions
- State v. Schenck.Supreme Court of North Carolina · 1905
- United States v. JenkinsCourt of Appeals for the Fourth Circuit · 1909
- State v. Morgan.Supreme Court of North Carolina · 1904
- State v. . BradsherSupreme Court of North Carolina · 1925
- State v. . EureSupreme Court of North Carolina · 1916
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