State v. . Wagner
Supreme Court of North Carolina
Proceeding in Bastardy heard at Spring Term, 1884, of Watauga Superior Court, before Shipp, J. This proceeding was instituted before a justice of the peace by one Mary L. Tice, upon whose complaint and affidavit, that the defendant was the father of a bastard child begotten upon her, the defendant was arrested, tried and adjudged to be the father of the child, and to pay a certain sum per month for its support.
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Proceeding in Bastardy heard at Spring Term, 1884, of Watauga Superior Court, before Shipp, J. This proceeding was instituted before a justice of the peace by one Mary L. Tice, upon whose complaint and affidavit, that the defendant was the father of a bastard child begotten upon her, the defendant was arrested, tried and adjudged to be the father of the child, and to pay a certain sum per month for its support. The case was brought to the superior court by a writ of recordari, and the defendant moved to dismiss the proceeding for certain causes — not material to be stated in order to an…
1Opinion of the CourtMerrimon, J.
The appellee moved to dismiss the appeal upon the ground that the surety to. the undertaking had failed to make affidavit that he was worth double the sum of money therein specified; and it so appeared.
The defect is fatal to the appeal, unless there has been a waiver of the undertaking, in writing, on the part of the ap-pellee, or unless a sum of money in lieu of the undertaking was deposited with the clerk by order of the court. The Code, §§552, 560; Harshaw v. McDowell, 89 N. C., 181.
No such deposit appears to have been made, and we find no such waiver in writing, in or out of the record.…
2Cases cited4 opinions
- Hakshaw's Executors v. McDowellSupreme Court of North Carolina · 1883
- Bryson v. . LucasSupreme Court of North Carolina · 1881
- Hancock v. . BramlettSupreme Court of North Carolina · 1881
- McMillan v. . NyeSupreme Court of North Carolina · 1884
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- Pruitt v. WoodSupreme Court of North Carolina · 1930
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- Northern Counties Investment Trust v. HenderWashington Supreme Court · 1895
- Bowen v. . FoxSupreme Court of North Carolina · 1888
- Bowen v. . FoxSupreme Court of North Carolina · 1888
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