Adrian & Vollers v. Scanlin
Supreme Court of North Carolina
Arrest and Bail tried at Spring Term, 1877, of Cumber-LAND Superior Court, before MeKoy, J. Proceedings in Arrest and Bail were instituted by the plaintiffs against one John X). Jackson, who was arrested, and subsequently — on the 16th of April, 1870, — discharged from arrest upon an undertaking signed by the defendant in this action.
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Arrest and Bail tried at Spring Term, 1877, of Cumber-LAND Superior Court, before MeKoy, J. Proceedings in Arrest and Bail were instituted by the plaintiffs against one John X). Jackson, who was arrested, and subsequently — on the 16th of April, 1870, — discharged from arrest upon an undertaking signed by the defendant in this action. On the 10th of February, 1871, and before final judgment was had against this defendant upon said undertaking, Jackson was convicted of larceny in Harnett Superior Court, and sentenced to imprisonment in the County jail for one year. On the 20th of November,…
1Opinion of the CourtReade, J.
The question is, whether bail in a civil action is exonerated by the fact that the principal is indicted, convicted and imprisoned for a crime,subsequent to the date of the bail’s undertaking, without regard to the fact that the term of imprisonment had expired before judgment in the civil action against the bail.
Formerly when the. Sheriff returned upon a sci. fa. in a civil case, that‘the principal was in prison by virtue of any process, civil or criminal, and the principal was then actually in prison, this should, if then pleaded by the bail, be deemed a surrender of the principal and a…
2Cited by2 opinions
- State v. . EllerSupreme Court of North Carolina · 1940
- State v. . WelbornSupreme Court of North Carolina · 1934