Trice v. . Turrentine
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Grange County, at the Special Term in June, 1844, his Honor Judge Bailey presiding. This was a scire facias against bail. The plaintiff sought to subject the defendant, who was the sheriff of Grange county, as the specialbail of one Nathaniel J. King, to the payment of a judgment, which he had recovered in Orange County Court against the said King, and Henderson, Norfleet and Durham.
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Appeal from the Superior Court of Law of Grange County, at the Special Term in June, 1844, his Honor Judge Bailey presiding. This was a scire facias against bail. The plaintiff sought to subject the defendant, who was the sheriff of Grange county, as the specialbail of one Nathaniel J. King, to the payment of a judgment, which he had recovered in Orange County Court against the said King, and Henderson, Norfleet and Durham. The defendant, among other pleas, pleaded “ mil tiel record, no ca. sa., ca. sa. void as against principa!.” The plaintiff offered in evidence a copy of the record of his…
1Opinion of the CourtDaniel, J.
Is the bail of King liable to satisfy the plaintiff’s joint judgment against King, Norfleet and Durham, upon a return of non est inventus against King only 1 The act of assembly, Rev. Stat. ch. 10 sec. 3 declares, that the plaintiff shall not have execution against the bail, until a ca. sa. be first returned that the defendant is not to be found in his proper county, and no scire facias shall issue against the bail, until such ca. sa. shall have been returned non est inventus. The execution must be in the joint names of all -the plaintiffs or defendants, and must in other respects pursue the…
2Cited by1 opinion
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