Patton v. . Gash
Supreme Court of North Carolina
Appeal — Assignment of Error — Arrest and Bail — Surety— Judgment. This action was originally commenced before a Justice of the Peace of HendersoN County against A. C. Robertson, and carried by appeal to the Superior Court of said county, and heard upon motion before McRae, J., at Spring Term, 1887, for judgment against the surety on an undertaking.
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Appeal — Assignment of Error — Arrest and Bail — Surety— Judgment. This action was originally commenced before a Justice of the Peace of HendersoN County against A. C. Robertson, and carried by appeal to the Superior Court of said county, and heard upon motion before McRae, J., at Spring Term, 1887, for judgment against the surety on an undertaking. At the time of issuing the summons the plaintiff made an affidavit that the defendant Robertson “ is not a resident of this State but has disposed of and removed all of his property from this State to the State of South Carolina, with the intent,…
1Opinion of the Court
Davis, J.,
(after stating the case). No exceptions appear in the record to have been taken or errors assigned in the Court below, but the following errors are alleged in this Court:
1. The judgment against the appellant was rendered upon a state of facts found by the Judge without any waiver by the appellant of his rights to have such issues or questions of fact determined by a jury.
2. No judgment should have been rendered against the appellant as surety until the alleged fraud had been fixed upon the defendant Robertson by a judgment.
Counsel for the plaintiff moved to affirm the judgment of…
2Cases cited9 opinions
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- State Ex Rel. Peebles v. FooteSupreme Court of North Carolina · 1880
- Wingo v. . HooperSupreme Court of North Carolina · 1887
- Aaron Claflin & Co. v. UnderwoodSupreme Court of North Carolina · 1876
- H. M. Houston & Co. v. WalshSupreme Court of North Carolina · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ledford v. EmersonSupreme Court of North Carolina · 1906
- Mahoney v. Tyler.Supreme Court of North Carolina · 1904
- Pickelsimer v. GlazenerSupreme Court of North Carolina · 1917
- Gilmore v. . BrightSupreme Court of North Carolina · 1888
- Pickelsimer v. . GlazenerSupreme Court of North Carolina · 1917
4 more not listed; retrieve them via the Exa API.