State v. . Hill
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Craven county, at Spring Term, 1843, his Honor Judge Bailey presiding. The case was a scire facias upon a recognizance, and the following facts appeared in evidence. The defendant, Henry Hill, had been committed to the common jail of Craven county upon a charge of assaulting and beating his wife, in consequence of his inability to give security for his góod behavior and appearance at May Term, 1841, of Craven County Court.
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Appeal from the Superior Court of Law of Craven county, at Spring Term, 1843, his Honor Judge Bailey presiding. The case was a scire facias upon a recognizance, and the following facts appeared in evidence. The defendant, Henry Hill, had been committed to the common jail of Craven county upon a charge of assaulting and beating his wife, in consequence of his inability to give security for his góod behavior and appearance at May Term, 1841, of Craven County Court. At that term, the sheriff brought the body of the said Hill into court, and it was “ ordered by the court that the said Henry Hill…
1Opinion of the CourtRuffin, C. J.
The single question in the case is, whether, when a person is committed to the custody of the sheriff by a court, for want of sureties for keeping the peace, that officer can in vacation take security by recognizance acknowledged before him. Upon this question I was led to express the inclination of my mind in the negative, in the case of the State v Mills, 2 Dev. 555, when I mentioned some of the reasons which influenced my opinion. Those reasons have lost none of their force by further enquiry and reflection ; and mv brethren direct me to say that they concur in them and the conclusion. We…
2Cited by3 opinions
- In Re Revocation of License to Operate a Motor Vehicle of WrightSupreme Court of North Carolina · 1948
- State v. BowserSupreme Court of North Carolina · 1950
- State v. . EdneySupreme Court of North Carolina · 1864