State v. Schenck.
Supreme Court of North Carolina
Tbi-s was a motion by T. C. Howard and another, sureties, on tbe bail bond of defendant to set aside a judgment absolute, entered at April Term, 1904, against them, beard by Judge W. B. Council, at tbe November Term, 1904, of tbe Superior Court of CraveN County. Tbe defendant, Scbenek, was tried before a Justice of tbe Peace for unlawfully selling liquor, a misdemeanor by statute.
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Tbi-s was a motion by T. C. Howard and another, sureties, on tbe bail bond of defendant to set aside a judgment absolute, entered at April Term, 1904, against them, beard by Judge W. B. Council, at tbe November Term, 1904, of tbe Superior Court of CraveN County. Tbe defendant, Scbenek, was tried before a Justice of tbe Peace for unlawfully selling liquor, a misdemeanor by statute. He was required to give bail for bis appearance at tbe next term of tbe court beld in October, 1903, and tbe appellants, Williams and Howard, became sureties on bis bond, wbicb was conditioned for Scbenck’s…
1Opinion of the Court
Walker, J.,
after stating the case: The ground upon which appellants seek to vacate the judgment is that whén Schenck appeared and was convicted and sentenced, the condition of the bond was fully performed and the appellants, his sureties, were exonerated, as, by reason of the conviction, they lost control of him and, thereafter, he was in the custody of the law. We cannot think this is the true construction of the bond and it is certainly contrary to the uniform practice of the courts in this State -in such cases. At common law, when bail was given, and the principal relieved from the custody…
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- State v. W. A. Smith.Supreme Court of North Carolina · 1872
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