Sedberry v. . Carver
Supreme Court of North Carolina
ARREST and Bail, tried at Spring Term, 1877, of Cumber-LAND Superior Court, before McKoy, J. The case is fully stated by Mr. Justice ByNum, 'in delivering the opinion of this Court. Judgment for plaintiff. Appeal by defendant. submitted; C. C. P. § 161 is to be construed strictly. . A County jail is not a State prison, Const. Art. XI § § 3, 6 ; Bat.
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ARREST and Bail, tried at Spring Term, 1877, of Cumber-LAND Superior Court, before McKoy, J. The case is fully stated by Mr. Justice ByNum, 'in delivering the opinion of this Court. Judgment for plaintiff. Appeal by defendant. submitted; C. C. P. § 161 is to be construed strictly. . A County jail is not a State prison, Const. Art. XI § § 3, 6 ; Bat. Rev. ch. 85 § § 1, 42, 45. The imprisonment will not avail bail because the term had expired before the execution, against the person was issued. A temporary imprisonment is no defence, Grariberry v. .Pool, 3 Dev. 155 ; 6 Cowen 599 ; 8 Mass. 169 ;…
1Opinion of the CourtBynum, J.
James Harris instituted a civil action in Cumberland County against John D. Jackson and procured an order of arrest against him. On the 23d of March, 1870, the defendant Carver became the bail of Jackson by executing the undertaking on bail as required by C. C. P. § 157. On the 10th of February, 1871, the said Jackson was by the Superior Court of Harnett County on a criminal prosecution tried and sentenced to imprisonment for one year, and was in execution of the sentence at that time committed to the County jail of that County. At the Spring Term, 1872, final judgment in the civil action was…
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- State v. . WelbornSupreme Court of North Carolina · 1934
- Pickelsimer v. . GlazenerSupreme Court of North Carolina · 1917
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