Pickelsimer v. Glazener
Supreme Court of North Carolina
Civil action, tried before Ha/rding, J., and a jury, at Fall Term, 1915, Of TRANSYLVANIA. Plaintiffs brought this stiit on 12 September, 1914, to recover the sum of $543.95, alleged to have been fraudulently converted to bis own use by defendant J. M. Glazeiier, who was their partner in the book business.
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Civil action, tried before Ha/rding, J., and a jury, at Fall Term, 1915, Of TRANSYLVANIA. Plaintiffs brought this stiit on 12 September, 1914, to recover the sum of $543.95, alleged to have been fraudulently converted to bis own use by defendant J. M. Glazeiier, who was their partner in the book business. The defendant was arrested by the coroner, on 14 September, 1914, under proceedings in arrest and bail taken for that purpose, and hé, and his codefendants, J. M. Allison and D. J. Glazener, as his sureties, executed an undertaking for his discharge from arrest as required by the statute,…
1Opinion of the Court
Walker, J.,
after stating the ease: ¥e had the benefit of argument upon several questions which we deem it unnecessary to decide, as we are of the opinion that the judgment below was erroneous on another ground, and it would be premature at this time to go beyond the one upon which we rest our decision. The other points may never be again presented. The doctrine is well settled that when bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver…
2Cases cited16 opinions
- Beavers v. HaubertSupreme Court of the United States · 1905
- United States v. RyderSupreme Court of the United States · 1884
- Ruhe v. BuckSupreme Court of Missouri · 1894
- State v. Schenck.Supreme Court of North Carolina · 1905
- Parker v. BidwellSupreme Court of Connecticut · 1819
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3Cited by6 opinions
- State v. MathisSupreme Court of North Carolina · 1998
- State v. . FinchSupreme Court of North Carolina · 1919
- State v. MathisCourt of Appeals of North Carolina · 1997
- Smith v. McClureCourt of Appeals of North Carolina · 1975
- State v. MathisSupreme Court of North Carolina · 1998
1 more not listed; retrieve them via the Exa API.