State v. . Miller
Supreme Court of North Carolina
This was an appeal by the State in the foregoing case. After the defendant’s appeal from the judgment of the Court had been taken and perfected, the clerk after docketing it as directed, issued an execution to' the sheriff, to enforce payment of the fine and costs adjudged against him. Upon application to the succeeding Judge having jurisdiction in the District, it was ordered that the writ be recalled, and the sheriff proceed no further thereunder.
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This was an appeal by the State in the foregoing case. After the defendant’s appeal from the judgment of the Court had been taken and perfected, the clerk after docketing it as directed, issued an execution to' the sheriff, to enforce payment of the fine and costs adjudged against him. Upon application to the succeeding Judge having jurisdiction in the District, it was ordered that the writ be recalled, and the sheriff proceed no further thereunder. From this order the State appeals.
1Opinion of the CourtSmith, C. J.
(after stating the facts). Upon the hearing, the counsel representing the State, admitted that there was no error in the ruling, and that the appeal could not be sustained. In this we concur, since the effect, of the appeal was to vacate the entire judgment, which could not be docketed, nor authorize the issue of process for its enforcement. It is otherwise in civil cases, for then unless a supersedeas undertaking has been given, the judgment, for some purposes, remains, as was determined in Bledsoe v. Nixon, 69 N. C., 81; The Code, §435.
In State v. Applewhite, 75 N. C., 229, Pearson, C. J.,…
2Cases cited3 opinions
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- State v. . JonesSupreme Court of North Carolina · 1873
- State v. . ApplewhiteSupreme Court of North Carolina · 1876