Calf v. Bingley

Circuit Court of North Carolina

Calf v. Bingley

1 N.C. 149

CourtU.S. Circuit Court for the District of North Carolina

DecidedJuly 1, 1793

StatusPublished

This text of 1 N.C. 149 (Calf v. Bingley) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Calf v. Bingley, 1 N.C. 149 (circtnc 1793).

Pincite

Opinion

Jones, J.

De rigore juris they ought to bring him in before; but per gratiam curiæ, it is well enough at any time before the scire facias is awarded.

And he said to Calthrop. The opinion of the court is against you, for you do not speak of any capias awarded in your plea: and although the surrender in the plea is void, for want of averment by the record, yet the death is a discharge of the bail. Causa qua supra. Jones 138. 3 Bulstr. 331. Poph. 185. Bendl. 184. Noy 82. 2 Roll. 491. 1 Roll. 450. 1 Cr. 597.

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Jones, J.

De rigore juris they ought to bring him in before; but per gratiam curiæ, it is well enough at any time before the scire facias is awarded.

And he said to Calthrop. The opinion of the court is against you, for you do not speak of any capias awarded in your plea: and although the surrender in the plea is void, for want of averment by the record, yet the death is a discharge of the bail. Causa qua supra. Jones 138. 3 Bulstr. 331. Poph. 185. Bendl. 184. Noy 82. 2 Roll. 491. 1 Roll. 450. 1 Cr. 597.

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Bluebook (online)

1 N.C. 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calf-v-bingley-circtnc-1793.