Parker v. . McPhail
Supreme Court of North Carolina
This was a civil ACTION commenced by a summons returnable to Fall Term, 1892, of Stanly Superior Court. An order of arrest was issued by the Clerk of said Court against the defendant C. A. McPhail. Said defendant was arrested under the order, and bail bond was duly executed.
Read the full summary
This was a civil ACTION commenced by a summons returnable to Fall Term, 1892, of Stanly Superior Court. An order of arrest was issued by the Clerk of said Court against the defendant C. A. McPhail. Said defendant was arrested under the order, and bail bond was duly executed. On the 13th day of September, 1892, a motion, based on affidavits, after proper notice, was heard before Boykin, Judge presiding in the Court of the Eighth .Judicial District, in the town of Lexington, in the county of Davidson, at Chambers, to dismiss the warrant of arrest. The plaintiff insisted that the .Judge had no…
1Opinion of the Court
Clark, J.:
Section 316 of The Code provides : “A defendant arrested may, at any time before judgment, apply, on motion, to vacate the order of arrest.” Section 594 of The Code provides: “(2), Motions may be made to a Cleric of a Superior Court, or a Judge out of Court, except for a new trial on the merits.” “(3). Motions must be made within the district in which the action is triable.” “ (6). Whenever a motion shall be made in any cause or proceeding in any of the Courts, to obtain an * * * order of arrest, * * -* or a motion to vacate or modify the same is made, it shall bo the duty of the…
2Cases cited7 opinions
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- McNeill v. . HodgesSupreme Court of North Carolina · 1888
- Gatewood v. . LeakSupreme Court of North Carolina · 1888
- Millhiser v. . BalsleySupreme Court of North Carolina · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. . HumphreySupreme Court of North Carolina · 1923
- Moore v. MooreSupreme Court of North Carolina · 1902
- Ledbetter v. . PinnerSupreme Court of North Carolina · 1897
- Capital Outdoor Advertising, Inc. v. City of RaleighSupreme Court of North Carolina · 1994
- Moore v. . MooreSupreme Court of North Carolina · 1902
6 more not listed; retrieve them via the Exa API.