Wynn v. . Buckett

Superior Court of North Carolina

Wynn v. . Buckett

1 N.C. 93

DecidedJuly 5, 1798

StatusPublished

This text of 1 N.C. 93 (Wynn v. . Buckett) is published on Counsel Stack Legal Research, covering Superior 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

Wynn v. . Buckett, 1 N.C. 93 (N.C. Ct. App. 1798).

Pincite

Opinion

By the Court: The meaning of the act is, that such bonds shall be considered as judgments, so far only as concerns the evidence necessary to prove them. It does therefore dispense with the proof of execution by the subscribing witness. They may be taken at a place so far distant from that where they were returnable, as to render it inconvenient to procure the attendance of witnesses. To avoid this difficulty, the bonds are to be returned by a sworn officer, and like recognizances may be carried to execution, without proving the obligor's acknowledgment. Further then this, the act does not invest these bonds with the qualities of a record; for notice must be given to the party, and the fact of breaking the prison bounds made out in evidence, before an execution can issue.

NOTE. — An action cannot be maintained upon a bond to keep the prison bounds, for by the act it has the force of a judgment, and the creditor may have execution thereon, upon motion in court. Brown v.Frazier, 5 N.C. 421.

Cited: S. v. Pearson, 100 N.C. 417. *Page 93 (94)

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

By the Court: The meaning of the act is, that such bonds shall be considered as judgments, so far only as concerns the evidence necessary to prove them. It does therefore dispense with the proof of execution by the subscribing witness. They may be taken at a place so far distant from that where they were returnable, as to render it inconvenient to procure the attendance of witnesses. To avoid this difficulty, the bonds are to be returned by a sworn officer, and like recognizances may be carried to execution, without proving the obligor's acknowledgment. Further then this, the act does not invest these bonds with the qualities of a record; for notice must be given to the party, and the fact of breaking the prison bounds made out in evidence, before an execution can issue.

NOTE. — An action cannot be maintained upon a bond to keep the prison bounds, for by the act it has the force of a judgment, and the creditor may have execution thereon, upon motion in court. Brown v.Frazier, 5 N.C. 421.

Cited: S. v. Pearson, 100 N.C. 417. *Page 93 (94)

Cite This Page — Counsel Stack

Bluebook (online)

1 N.C. 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wynn-v-buckett-ncsuperct-1798.

Opinion

Related

Cite This Page — Counsel Stack