Legal Opinion

State Ex Rel. Jones v. Cox

Supreme Court of North Carolina

Decided June 5, 1854PublishedCited by 2 opinions

This was a motion for a rule to show cause, &c., in a suit on a constable’s bond, made before his Honor, Judge Saunders, at the Spring Term, 1854, of Sampson Superior Court.

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This was a motion for a rule to show cause, &c., in a suit on a constable’s bond, made before his Honor, Judge Saunders, at the Spring Term, 1854, of Sampson Superior Court. The case presented to this Court is contained in the following record, sent up from the Court below: “ Motion for a rule on relator to show cause why he should not give a prosecution bond, argued and disallowed by the Court, (Spring Term, 1854.) Defendant prayed an appeal to tbe Superior Court, which, was allowed.”

1Opinion of the CourtBattle, J.

This suit was brought against the defendant, Cox, and his sureties on his bond as Constable, by the relator, in the nameof the State, and was returned “executed” to the May Term, 1853, of Sampson County Court. It was then continued from Term to Term until February Term, 1854, when, on motion, a rule was obtained on the relator, to show cause why he should not give a prosecution bond, and the cause was then taken to the Superior Court. In that Court, at Spring, Term, 1854, before his Honor Judge SauNDERS, the motion was argued and disallowed, and the defendants prayed and obtained an appeal to…

2Cited by2 opinions

  1. Fayetteville Light & Power Co. v. Lessem Co.Supreme Court of North Carolina · 1917
  2. Kenney v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914

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