State v. . Wiggins

Supreme Court of North Carolina

State v. . Wiggins

44 S.E.2d 471, 228 N.C. 76, 1947 N.C. LEXIS 543

DecidedOctober 15, 1947

StatusPublished

This text of 44 S.E.2d 471 (State v. . Wiggins) 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. . Wiggins, 44 S.E.2d 471, 228 N.C. 76, 1947 N.C. LEXIS 543 (N.C. 1947).

Pincite

Opinion

WiNBOBNE, J.

Tbe validity of tbe judgment absolute entered at tbe June Term, 1947, depends upon tbe effect of the order made at January Term, 1944. As we interpret tbe wording of that order tbe motion to strike out tbe sci. fa. was allowed, and that no further proceedings on tbe forfeited bond should be bad “during tbe pendency of military service of defendant.” Therefore, tbe sci. fa. having been stricken out, judgment absolute could not be entered without further notice, that is until another sci. fa. bad been issued and served, and defendant and sureties given an opportunity to be beard. Whether tbe judgment nisi will then be made absolute, or whether it will be stricken out, rests in tbe discretion of tbe presiding judge of tbe Superior Court before whom it may properly come. Gr. S., 15-116. S. v. Clarke, 222 N. C., 744, 24 S. E. (2d), 619.

In tbe light of this interpretation of and bolding on tbe order, tbe judgment absolute was prematurely entered, and is therefore

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

WiNBOBNE, J.

Tbe validity of tbe judgment absolute entered at tbe June Term, 1947, depends upon tbe effect of the order made at January Term, 1944. As we interpret tbe wording of that order tbe motion to strike out tbe sci. fa. was allowed, and that no further proceedings on tbe forfeited bond should be bad “during tbe pendency of military service of defendant.” Therefore, tbe sci. fa. having been stricken out, judgment absolute could not be entered without further notice, that is until another sci. fa. bad been issued and served, and defendant and sureties given an opportunity to be beard. Whether tbe judgment nisi will then be made absolute, or whether it will be stricken out, rests in tbe discretion of tbe presiding judge of tbe Superior Court before whom it may properly come. Gr. S., 15-116. S. v. Clarke, 222 N. C., 744, 24 S. E. (2d), 619.

In tbe light of this interpretation of and bolding on tbe order, tbe judgment absolute was prematurely entered, and is therefore

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

44 S.E.2d 471, 228 N.C. 76, 1947 N.C. LEXIS 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wiggins-nc-1947.

Opinion

Related

Cite This Page — Counsel Stack