Handy v. Richardson.

3 N.C. 138

• Court: Superior Court of North Carolina
• Decided: July 5, 1801
• Status: Published

Opinion

Taylor, judge,

after argument — -The record of the judgment is that which is referred to hy the plea of nul tiel record ; and that agrees with the judgment stated in the sci.fa. though not with the ca. sa. the record therefore sufficiently disproves the plea» As to the insufficiency of the gaol, that forms no excuse for not taking bail; for by the act of IbSS, relative to the rebuilding <>f Franklin gaol, it is provided by a public clause, that the sheriff shall carry his prisoner to the gaol of the district»— As to the dormancy of the judgment, the cases cited 2 L. Ray, 1096, 6 Mo. 256, 304, prove that the bail cannot take advantage of that circumstance.

judgment for the plaintiff.