State v. . Cooley
Supreme Court of North Carolina
Motion in a Criminal Action heard at Fall Term, 1878, of Yadkin Superior Court, before Graves, J. The defendant was convicted upon an indictment for assault and battery at fall term, 1874, of said court, and adjudged to pay a fine of ten dollars and costs, and committed to the custody of the sheriff until the same were secured.
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Motion in a Criminal Action heard at Fall Term, 1878, of Yadkin Superior Court, before Graves, J. The defendant was convicted upon an indictment for assault and battery at fall term, 1874, of said court, and adjudged to pay a fine of ten dollars and costs, and committed to the custody of the sheriff until the same were secured. Thereupon the defendant and two sureties confessed judgment to the state for the sum of fifty dollars to be discharged upon payment of the fine, and costs. Execution was duly issued to the sheriff, and returned nulla bona. The defendant was then arrested on a capias…
1Opinion of the CourtDillaed, J.
We concur with His Honor in his judgment in this case. It is well settled that if a party be arrested on a capias ad satisfaciendum, and he be set at liberty by the directions or with the assent of the creditor, the judgment on which the execution was issued was in law discharged, and no subsequent execution could be issued on the same. This proceeds on the idea that the creditor has received a satisfaction by having once his debtor in execution. Bryan v. Simonton, 1 Hawks, 51.
The only exception is in the case of the debtor who escapes with or without the consent of the sheriff, and the…
2Cited by1 opinion
- State v. . SpencerSupreme Court of North Carolina · 1879