Legal Opinion

State v. . Houston

Supreme Court of North Carolina

Decided January 5, 1876PublishedCited by 4 opinions

Scxee Facias, on a forfeited recognizance, heard before Judge Solum ok. at Fall Term, 1875, of the Superior Court of MeckleNbubg county. The defendant Houston had been indicted for foi’gery, and ¡aid was in custody when, upon his own affidavit, the case was continued.

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Scxee Facias, on a forfeited recognizance, heard before Judge Solum ok. at Fall Term, 1875, of the Superior Court of MeckleNbubg county. The defendant Houston had been indicted for foi’gery, and ¡aid was in custody when, upon his own affidavit, the case was continued. The court, after such continuance, made an order to discharge him from custody, upon Iris entering into recognizance with sureties, in the sum of twenty-five hundred dollars, for his appearance at the next term. This he did by executing a bond, with the other defendants as his sureties, in the sum specified and payable to the…

1Opinion of the CourtReads, J.

It was competent for his Honor to authorize the sheriff or other person, to take the recognizance of the defendants for the appearance of the principal defendant at the next term, to answer the charge of the State against him, his Honor having fixed the amount of the recognizance. And although the recognizance authorized to be taken was put in flie form of a bond with conditions, signed and sealed by the defendants, yet it is valid as a recognizance.

The taking of a recognizance consists in making and attesting a memorandum of the acknowledgment of a debt due the State, and of the conditions…

2Cited by4 opinions

  1. State v. Morgan.Supreme Court of North Carolina · 1904
  2. State v. . BradsherSupreme Court of North Carolina · 1925
  3. State v. . JonesSupreme Court of North Carolina · 1883
  4. State v. BradsherSupreme Court of North Carolina · 1925

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