Bynum v. . Turner
Supreme Court of North Carolina
Civil action commenced before a justice of the peace and tried on appeal at November Term, 1915, of PasquotaNK, before Cooke, J., upon this issue: Is plaintiff entitled to recover the $200 sued for in this action? Answer: “Yes.” Tbe court rendered judgment against botb defendants. Tbe Board of Education only appealed.
1Opinion of the CourtBRowN, J.
Tbe plaintiff, witb others, was convicted in tbe local criminal court of the crime of gambling, tbe defendant Turner being tbe trial justice, and a fine of $200 was imposed. Tbe plaintiff paid tbe fine to tbe chief of police, who paid it to Turner. Plaintiff was soon thereafter pardoned by tbe Governor, and now seeks in this action to recover tbe money.
When a full and absolute pardon is granted it exempts tbe recipient from tbe punishment which tbe law inflicts, whether death, imprisonment, or fine. If a fine has been imposed and has been paid into tbe Treasury of tbe State, or in this State…
2Cases cited1 opinion
- Osborn v. United StatesSupreme Court of the United States · 1876
3Cited by4 opinions
- Yates v. . Insurance Co.Supreme Court of North Carolina · 1917
- McPherson v. Henry Motor Sales Corp.Supreme Court of North Carolina · 1931
- State Ex Rel. Gold v. DunneSupreme Court of Missouri · 1967
- Yates v. Dixie Fire InsuranceSupreme Court of North Carolina · 1917