Granberry v. . Pool
Supreme Court of North Carolina
This was a scire yacías against the defendant, as the bail of Asa Roger son, to which sundry pleas were filed, but on the last circuit, at Pasquotank, the defendant withdrew all of them, and'pleaded since tlie last continuance; “ that a certain process, called a warrant- of distress, “ issued from the Treasury Department of the United “ States, against the said Jlsa Rogerson in the said scire “facias mentioned, and that upon the said warrant the “ said Jlsa was arrested at…
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This was a scire yacías against the defendant, as the bail of Asa Roger son, to which sundry pleas were filed, but on the last circuit, at Pasquotank, the defendant withdrew all of them, and'pleaded since tlie last continuance; “ that a certain process, called a warrant- of distress, “ issued from the Treasury Department of the United “ States, against the said Jlsa Rogerson in the said scire “facias mentioned, and that upon the said warrant the “ said Jlsa was arrested at the instance of the United “ States, and'is now confined in jail upon said process “ in the State of Tennessee, and…
1Opinion of the Court
Ruffin, Judge.
The plea does not state for what matter or cause Rogerson is imprisoned, whether civil or criminal; and is for that reason alone defective. But supposing we must intend, that as it alleges the imprisonment to be on a warrant of distress issued from the Treasury Department of the United States, that he is confined for a debt due to the United States, the question is, does that bar this action against his bail. It is clear that it does not. The statute makes the death of the principal or the surrender of him, a bar; and nothing else. In England, if he be imprisoned within the…
2Cited by2 opinions
- State v. . EllerSupreme Court of North Carolina · 1940
- State v. . WelbornSupreme Court of North Carolina · 1934