Murray v. Lackey

Decided July 15, 1818

Supreme Court of North Carolina · decided 1818-07-15

From Iredell. Tliis was an action for a malicious prosecution in taking out a State’s warrant against the Defendant on the charge of perjury. The plaintiff on the trial produced the warrant, and proved that the Defendant had obtained the same as prosecutor, that Plaintiff was arrested under it, carried before a magistrate and bound in recognizance to appear at October term, 1816, of Iredell Superior Court.

Cited by 2 later decisions (1 by the Supreme Court) — most recently April 2022

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1818-07-15

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¶1The opinion of the Court was delivered by

Seaweed, Judge:

¶2We think this a plain case. A discharge means, where proceedings are at end and cannot be revived. A party-bound over to Court has'only to attend j and according to our mode of practice, when the term expires, stands discharged, unless rebound, or his default recorded. As to the parol testimony, offered to prove a discharge by the Solicitor and the motion to enter a discharge nunc pro tunc, it is of no importance to consider either of them. The rule for a new trial must be discharged.