State v. . Horton
Supreme Court of North Carolina
Scire facias upon forfeited recognizance, heard before Norwood, J., at Spring Term, 1898, of the Superior Court of Pasquota'nk County. . The defendant, Horton, with Ward as his surety, was bound over by a Justice of the Peace for his appearance at Fall Term, 1897, (3d Monday in September, 1897) of the Superior Court of Pasquotank County, to answer a charge of larceuy. This Term was not held owing to the sickness of the Judge. The defendant was in attendance.
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Scire facias upon forfeited recognizance, heard before Norwood, J., at Spring Term, 1898, of the Superior Court of Pasquota'nk County. . The defendant, Horton, with Ward as his surety, was bound over by a Justice of the Peace for his appearance at Fall Term, 1897, (3d Monday in September, 1897) of the Superior Court of Pasquotank County, to answer a charge of larceuy. This Term was not held owing to the sickness of the Judge. The defendant was in attendance. A Special Term was advertised and held for the county in January, 1898, at which Term the grand jury found a true bill of indictment…
1Opinion of the Court
Clark, J.:
The defendant gave recognizance for his appearance “at the next Term of the Superior Court on the 3d Monday in September.” At that term, the Judge being ill did not appear and the court was “adjourned until next term.” Code, Section 926.' It would be a grave miscarriage of justice if on such facts all recognizances are discharged when no officer is present authorized to take renewals. In Askew v. Stevenson, 61 N. C., 288, it was held that the cause was continued “certainly for one term” and probably “from term to term until the attendance of a Judge to hold the court,” by virtue 'of…
2Cases cited2 opinions
- State Ex Rel. Harris v. HarrisSupreme Court of North Carolina · 1874
- Askew v. . StevensonSupreme Court of North Carolina · 1867
3Cited by4 opinions
- Barnes v. . SaleebySupreme Court of North Carolina · 1919
- State v. . EureSupreme Court of North Carolina · 1916
- Bramlett v. MathisSupreme Court of South Carolina · 1905
- State v. MillsCourt of Appeals of North Carolina · 1974