Tar Heel Bond Co. v. Krider

The plaintiff herein, seeks to present three questions: (1) Was it error for the court to enter judgment absolute upon the bond before the service of sci. fa. upon the principal, James Nance? (2) Did the subsequent arrest of James Nance under the capias issued by the court discharge his bond upon which plaintiff was surety? (3) Was it error for the court below to hear and determine the application for an injunction on its merits while plaintiff’s motion, entered subsequent to the judgment absolute, was pending and before ruling on the merits of the motion?

Fi/rsi. A recognizance duly entered…