State v. . Elwood

Supreme Court of North Carolina

State v. . Elwood

75 N.C. 205

DecidedJune 5, 1876

StatusPublished

This text of 75 N.C. 205 (State v. . Elwood) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Elwood, 75 N.C. 205 (N.C. 1876).

Pincite

Opinion

Rodjian, J.

We concur with the counsel for the defendant that the Judge had no power at Spring Term, 1876, to amend the record of Spring Term, 1875, as of that term, by entering a judgment which, at that term, he had no power to render. He might at May Term, 1875, have given judgment against the defendant for costs, upon which a fi. fa. might have afterwards issued. But he could not then, in *206 addition to the judgment that the defendant be capitally executed, have given judgment that he pay the costs and be imprisoned until they were paid, or until his discharge as an insolvent. Such a judgment would be inconsistent with itself.

So much of the judgment below as directs that the defendant be imprisoned until the costs are paid, is reversed.

Let this opinion be certified to the Superior Court of Meck-lenburg, to the end, &c.

Per Curiam. Judgment accordingly.

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Rodjian, J.

We concur with the counsel for the defendant that the Judge had no power at Spring Term, 1876, to amend the record of Spring Term, 1875, as of that term, by entering a judgment which, at that term, he had no power to render. He might at May Term, 1875, have given judgment against the defendant for costs, upon which a fi. fa. might have afterwards issued. But he could not then, in *206 addition to the judgment that the defendant be capitally executed, have given judgment that he pay the costs and be imprisoned until they were paid, or until his discharge as an insolvent. Such a judgment would be inconsistent with itself.

So much of the judgment below as directs that the defendant be imprisoned until the costs are paid, is reversed.

Let this opinion be certified to the Superior Court of Meck-lenburg, to the end, &c.

Per Curiam. Judgment accordingly.

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Bluebook (online)

75 N.C. 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-elwood-nc-1876.