Buchanan v. . McKenzie
Supreme Court of North Carolina
Writ or error, coram nobis, before Saunders, J., at a Spe- - cial Term, June, I860, of Richmond Superior Court. The plaintiffs, in error, were the sheriff of that county andr his sureties. They were summoned at the instance of the-county trustee, by written notice, to appear at a term of the county court, to show cause why judgment should not be entered against them, on motion, for the county taxes,-collected by the said sheriff for the year, covered by their bond.
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Writ or error, coram nobis, before Saunders, J., at a Spe- - cial Term, June, I860, of Richmond Superior Court. The plaintiffs, in error, were the sheriff of that county andr his sureties. They were summoned at the instance of the-county trustee, by written notice, to appear at a term of the county court, to show cause why judgment should not be entered against them, on motion, for the county taxes,-collected by the said sheriff for the year, covered by their bond. At the term aforesaid, the defendants, (plaintiffs in error,) appeared by -their counsel, and objected to a summary judgment, for…
1Opinion of the CourtPearson, C. J.
The plaintiffs, who were defendants in the County Court, there insisted “upon a right to plead, and have a trial by jury, in which the Court over-ruled them, and rendered judgment on the bond.”
We agree with his Honor, in the Court below; there is error in the proceeding of the County Court. The statute authorises judgment to be entered upon motion in a summary mannei’, without a writ or declaration, or other formal pleadings — so as to avoid the delay, incident to ordinary jury trials, but it was not the intention to deprive the defendant in the county court, of his right to put at issue any…
2Cited by1 opinion
- State v. W. O. Sanders.Supreme Court of North Carolina · 1910