Brown v. . Frazier
Supreme Court of North Carolina
1 From Hertford. J The Plaintiff having recovered a judgment against Frazier, sued out a capias ad satisfaciendum, upon which Frazier was arrested, and he entered into bond, with Barnett Pulliam his security, for keeping within the rules of the prison.
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1 From Hertford. J The Plaintiff having recovered a judgment against Frazier, sued out a capias ad satisfaciendum, upon which Frazier was arrested, and he entered into bond, with Barnett Pulliam his security, for keeping within the rules of the prison. The bond was taken by the Sheriff, and by him assigned to the Plaintiff, in the manner prescribed by the acts of 1741, ch. 18, and 1759, ch. 14. The Defendant Frazier having gone without the rules of the prison, the Plaintiff brought an action on the bond given by him and Pulliam, for his keeping within the rules : and the question in the case…
1Opinion of the Court
Bt the CoüRT.
The act of 1759, ch, 14, declares, “ That bonds given in pursuance of the act of 1741, ch. 18, by any person committed on a capias ad satisfacien-dum, shall, by the Sheriff taking the same, be assigned to, the party at whose instance such person was commit-teh to Jail, and shall be returned to the office of the clerk of the Court from whence such execution issued, there to be safely kept, and shall have the force of a judgment: and if any person who shall obtain the rules of any prison, upon giving bond and security as aforesaid, shall escape out of the same, before he shall have…
2Cited by2 opinions
- State v. W. O. Sanders.Supreme Court of North Carolina · 1910
- Wynn v. . BuckettSuperior Court of North Carolina · 1798