This case came on before his honour Judge Seawell, at Randolph, on the last Circuit, when it appeared, that the defendant had been… Held: that “ it was not competent for the defendant to object to the informality of the bond, which by the act of assembly he is required to tender for his release from confinement,” and reversed the order of the County Court, and adjudged that the defendant should be imprisoned until he should be discharged therefrom by due proceeding of…
Decided 1834-12-05
Gaston, Judge.
¶1
— The Court affirms the judgment which has been rendered in this case in the Superior
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Court. Wede em it unnecessary tó say more in support or explanation of the grounds of this decision, than to refer to those set forth in the opinion of the Judge below, of which we entirely approve.
¶2
In general, this Court enforces by its own process the execution of its own judgments; but as the defendant is not in person before us, and if he were, from the constitution of the Court, the ulterior proceedings, which
may
follow upon the judgment affirmed, could not be here had, we direct that in this case a
procedendo
issue to the Superior Court of Randolph, to cause the judgment there rendered and here affirmed, to be carried into effect.