State v. . Davis
Supreme Court of North Carolina
INDICTMENT for an Affray, tried at Fall Term, 1879, of Wautauga Superior Court, before SchencJc, J. The defendant was convicted of an affray with one Sam-nel Brewer, and after sentence of a fine of ten dollars and 'costs, and committed until the fine and costs were paid, applied to take the oath of insolvency prescribed in section 31, •chapter 60, of Battle’s Revisal, the ten days’ notice having been waived by the sheriff and other officers of the court, it was .admitted by…
Read the full summary
INDICTMENT for an Affray, tried at Fall Term, 1879, of Wautauga Superior Court, before SchencJc, J. The defendant was convicted of an affray with one Sam-nel Brewer, and after sentence of a fine of ten dollars and 'costs, and committed until the fine and costs were paid, applied to take the oath of insolvency prescribed in section 31, •chapter 60, of Battle’s Revisal, the ten days’ notice having been waived by the sheriff and other officers of the court, it was .admitted by the defendant that he owned personal property, but hot to the value of five hundred dollars, and upon his refusal to…
1Opinion of the CourtAshe, J.
The case presents the question whether a de fend ant, convicted in a criminal prosecution and sentenced to pay a fine and be committed until the fine and costs are paid, is entitled to his homestead and personal property exemptions against such judgment. The law applicable to the case is to be found in Battle’s Revisal, cli. 60, act of 1868-69, as amended by the act of 1873-74. It is there provided that “ every person committed for a fine and costs of any criminal prosecution, after remaining in prison for twenty days, upon ten days’ notice of the time and place of filing his petition, to be…
2Cases cited1 opinion
- State v. . CannadySupreme Court of North Carolina · 1878
3Cited by12 opinions
- Raisin Fertilizer Co. v. GrubbsSupreme Court of North Carolina · 1894
- State v. . BryanSupreme Court of North Carolina · 1880
- State v. . ParsonsSupreme Court of North Carolina · 1894
- State v. . ManuelSupreme Court of North Carolina · 1838
- State v. Giles.Supreme Court of North Carolina · 1889
7 more not listed; retrieve them via the Exa API.