State v. . Jones
Supreme Court of North Carolina
MOTION by defendant sureties to set aside a judgment, heard at Fall Term, 1882, of DuplIN Superior Court, before MacRae, J. The defendant having been tried aud convicted upon one criminal charge, and there being another depending against him, at fall term, 1880, of Duplin superior court, was, by its order, committed to the custody of the sheriff, and lie was directed, on the defendant’s giving two bonds, one in the penal sum of $500 for his appearance at the next term in the…
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MOTION by defendant sureties to set aside a judgment, heard at Fall Term, 1882, of DuplIN Superior Court, before MacRae, J. The defendant having been tried aud convicted upon one criminal charge, and there being another depending against him, at fall term, 1880, of Duplin superior court, was, by its order, committed to the custody of the sheriff, and lie was directed, on the defendant’s giving two bonds, one in the penal sum of $500 for his appearance at the next term in the case where he was found guilty, and the other in a smaller sum for his appearance in the other case, to discharge him…
1Opinion of the Court
Smith, C. J.,
after stating the above. The argument before us was such as might have been properly made if an appeal had been taken on the rendition of judgment, and the question was whether any or what judgment ought to be given. The cases cited bear upon this aspect of the case. But this is not its condition on the present appeal. The surety obligors have had their clay in court, have appeared and defended the action, and have submitted to the judgment without assigning error and seeking its correction at the hands of a reviewing court. If erroneous, it ought not to have been rendered; but…
2Cases cited3 opinions
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
- Middleton v. DuffySupreme Court of North Carolina · 1875
- State v. . HoustonSupreme Court of North Carolina · 1876
3Cited by8 opinions
- State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
- Rector Ex Rel. Rector v. Laurel River Logging Co.Supreme Court of North Carolina · 1919
- State v. Morgan.Supreme Court of North Carolina · 1904
- Luther v. Commissioners Buncombe CountySupreme Court of North Carolina · 1913
- Moseley v. . DeansSupreme Court of North Carolina · 1943
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