State v. . Locust and Pearson
Supreme Court of North Carolina
MotioN to tax defendants with costs, heard by Thomas, J., at Wilson, Spring Term 1869. The defendants had been bound before a magistrate to keep the peace towards one Hagan, &c., until that Term of the Court. At that Term tbe defendants appeared, but Hagan did not. Thereupon they moved to be discharged, and the Solicitor moved besides to have them taxed with costs.
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MotioN to tax defendants with costs, heard by Thomas, J., at Wilson, Spring Term 1869. The defendants had been bound before a magistrate to keep the peace towards one Hagan, &c., until that Term of the Court. At that Term tbe defendants appeared, but Hagan did not. Thereupon they moved to be discharged, and the Solicitor moved besides to have them taxed with costs. The Court declined to tax the defendants with the costs because of a want of power so to do, and discharged them. The Solicitor appealed.
1Opinion of the CourtDick, J.
A proceeding upon a “ peace warrant ” is now declared to be a criminal action, Code Civil Procedure, sec. 5 subdivis. 2, and it is regulated by a Statute entitled, “Proceedings in criminal cases,” ratified the 10th day of April, 1869. Previous to the ratification of the C. C. P., and the Statute aforesaid, such proceedings were regulated by the common law, and the learning upon the subject will be found in Bacon’s Abridgement, Tit. “Surety of the Peace,” 1st Durn. and East. 696, 13 East. 171; Wilson’s case, 1st Jon., 550.
Such proceedings must be summary and conclusive to render them effectual…
2Cited by7 opinions
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- State v. . LyonSupreme Court of North Carolina · 1885
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- State v. . OatesSupreme Court of North Carolina · 1883
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