State v. . Carroll
Supreme Court of North Carolina
This was a proceeding, under the insolvent law, sent to the Superior Court, Caldwell, J., presiding, from two justices of peace of Davidson county. The defendant was convicted of trading with a slave, and sentenced by the Superior Court of Davidson county, to “ one month’s imprisonment, and then be discharged according to law.”
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This was a proceeding, under the insolvent law, sent to the Superior Court, Caldwell, J., presiding, from two justices of peace of Davidson county. The defendant was convicted of trading with a slave, and sentenced by the Superior Court of Davidson county, to “ one month’s imprisonment, and then be discharged according to law.” On petition to two justices, the defendant was brought before them to be discharged under the insolvent law. lie showed that he had remained one month in close custody according to the sentence of the said Superior Court, and after the expiration of that time, he had…
1Opinion of the CourtPeabsoN, C. J.
By the Revised Statutes, ch. 58, and the Revised Code, ch. 59, the several statutes relating to insolvent debtors are embodied into one statute, so as to form a sys tem, and it is proper that its several sections should be so construed as to produce uniformity in the mode of proceeding in respect to the whole. This result, which would seem to be a necessary consequence of the consolidation, is manifestly contemplated in the 18th and 19th sections of the 59th chapter of the Revised Code, by which it is provided that no issue of fraud shall be made up and tried under the provisions of this…
2Cited by1 opinion
- State v. W. O. Sanders.Supreme Court of North Carolina · 1910