Wooding v. . Green
Supreme Court of North Carolina
PROCEEDING in bastardy, commenced in a Justices’ Court, and returned to the Superior Court of JaoesoN county, where it was tried before Cannon, J., at Spring Term, 1874. The facts material to an understanding of the decision of the Court, are substantially as follows : The defendant appeared at the house of the magistrate upon the return day of the warrant, but there was no Court held, nor was the defendant recognized for his appearance at Court.
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PROCEEDING in bastardy, commenced in a Justices’ Court, and returned to the Superior Court of JaoesoN county, where it was tried before Cannon, J., at Spring Term, 1874. The facts material to an understanding of the decision of the Court, are substantially as follows : The defendant appeared at the house of the magistrate upon the return day of the warrant, but there was no Court held, nor was the defendant recognized for his appearance at Court. Afterwards the magistrate returned the warrant and examination to Court, and a capias by order of the Solicitor issued, and the defendant was…
1Opinion of the CourtBtNum, J.
The case assumes that all the proceedings of the Justice were regular, np to his failure to take the recognizance required by law for the appearance of the defendant at Court. It was irregular in the Justice not to take, and in the defendant not to give, the recognizance required by law, but the sole purpose of bringing the defendant before the Justice was to secure his appearance at Court to answer the charge. He could make no defence before die Justice, whose duty was merely ministerial, to bind him over to Court, where only he could be heard and make his defence. The defendant knew the…
2Cases cited3 opinions
- State v. . PalinSupreme Court of North Carolina · 1869
- State v. . Frank BeattySupreme Court of North Carolina · 1872
- State Ex Rel. Applewhite v. HalesSupreme Court of North Carolina · 1871
3Cited by2 opinions
- State v. . EdwardsSupreme Court of North Carolina · 1892
- State v. . RitchieSupreme Court of North Carolina · 1890