Russell v. . Saunders
Supreme Court of North Carolina
Motion to dismiss a suit for the want of a prosecution bond, beard before Saunders, Judge, at the last Superior Court of Onslow. The writ was returned to the County Court of Onslow, without any prosecution bond, and the defendant moved to dismiss for that cause; the Court refused to dismiss, hut allowed the plaintiff to file a bond at tbat Court. The defendant appealed to tbe Superior Court, when, in that Court, it was moved to dismiss the appeal.
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Motion to dismiss a suit for the want of a prosecution bond, beard before Saunders, Judge, at the last Superior Court of Onslow. The writ was returned to the County Court of Onslow, without any prosecution bond, and the defendant moved to dismiss for that cause; the Court refused to dismiss, hut allowed the plaintiff to file a bond at tbat Court. The defendant appealed to tbe Superior Court, when, in that Court, it was moved to dismiss the appeal. This was ordered by his Honor, and the defendant appealed to the Supremo Court.
1Opinion of the CourtPearson, J.
We consider the point made in this case, settled by McDowell v. Bradley, 8 Ire. Rep. 92 ; the Court say, “ Rut, we think, the new bond was an answer to tbe defendant’s motion, for it fully meets the purposes of the act, and the ends of justice, by effectually securing tbe appellee, and substantially, by the means prescribed in tbe statute. Although the proper bond was not taken at tbe proper time, yet the Court has thqpower to supply the omission, as was done with respect to certiorari bonds, in the case of Fox v. Steele, 1 Car. Law Rep. 379.
So, we think, in this case, the new bond was an…
Also in this document: Per curiam.
2Cited by7 opinions
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- State Ex Rel. Shennonhouse v. WithersSupreme Court of North Carolina · 1897
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