United States v. Winstead
District Court, W.D. North Carolina
At the last term of the court W. EL Winstead failed to appear and answer to a criminal prosecution, and judgment was entered against him and his surety on a forfeited recognizance of bail. Upon this judgment a scire facias was issued to the parties, to show cause why execution should not be issued.
Read the full summary
At the last term of the court W. EL Winstead failed to appear and answer to a criminal prosecution, and judgment was entered against him and his surety on a forfeited recognizance of bail. Upon this judgment a scire facias was issued to the parties, to show cause why execution should not be issued. At this term the surety filed a plea stating that the defendant had died before the service of the scire facias, and the surety now asks to be discharged from his liability as bail.
1Opinion of the Court
Dick, D. J.
The entry of judgment nisi in tbis case at the last term was irregular. State v. Smith, 66 N. C. 420. A judgment nisi is one that is to bo valid unless something else should be done within a given time to defeat it. When a witness is duly summoned to appear at court and fails to do so, a judgment nisi may be entered for the penalty imposed by law for such default; and upon being served with a scire facias he may show cause at a future day why the judgment nisi shall not be made absolute. If the witness should die before such judgment is made absolute, the proceeding abafos and…
2Cases cited1 opinion
- J. B. Leggett v. . Heirs-At-Law of Benjamin LeggettSupreme Court of North Carolina · 1872
3Cited by5 opinions
- United States v. JenkinsCourt of Appeals for the Fourth Circuit · 1909
- Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1904
- United States v. SmartCourt of Appeals for the Eighth Circuit · 1916
- Jordan v. CommonwealthSupreme Court of Virginia · 1923
- McLennan v. United StatesCourt of Appeals for the Ninth Circuit · 1926