Buis v. . Arnold
Supreme Court of North Carolina
This was a petition for a certiorari, heard before Dick, J., at Fall Term, 1860, of Rowan Superior Court. The petition discloses the following state of facts : The defendants, Arnold and Cooley, recovered a judgment in the County Court of Rowan, against one Wilson Williams, upon which judgment, a ca. sa. issued against him, and the petitioner, Buis, became surety upon the ca. sa. bond, which bond was returnable to August Term of the Court.
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This was a petition for a certiorari, heard before Dick, J., at Fall Term, 1860, of Rowan Superior Court. The petition discloses the following state of facts : The defendants, Arnold and Cooley, recovered a judgment in the County Court of Rowan, against one Wilson Williams, upon which judgment, a ca. sa. issued against him, and the petitioner, Buis, became surety upon the ca. sa. bond, which bond was returnable to August Term of the Court. At that term, the cause was continued to November Term, at which last mentioned term, the principal, Williams, being called, and failing'to appear,…
1Opinion of the CourtBattle, J.
The case of Betts v. Franklin, 4 Dev. and Bat. Rep. 465, is a direct authority in support of the order of the Superior Court dismissing the certiorari. In that case, the parties to a ca. sa. bond, conditioned for the appearance of the principal obligor in the county court, to take the benefit of the act for the relief of insolvent debtors, were called, and failing to appeal’, judgment -was entered against them, and it was held that the sureties were not, upon the allegation of having been prevented, by the fraud of the plaintiff’s agent, from making a surrender of their principal in discharge…
2Cited by1 opinion
- Betts v. . FranklinSupreme Court of North Carolina · 1838