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7 N.C. 10

State v. Dickenson

Supreme Court of North Carolina

Decided January 15, 1819

Supreme Court of North Carolina · decided 1819-01-15

From Edgecombe. The defendant was recognized in the sum of eight hundred pounds to appear at the Superior Court of Law for Edgecombe County $ and failing to appeal’, his recognizance was forfeited, and judgment nisi was entered against him.

Decided 1819-01-15

Tavxor, Chief-Justice,

¶1delivered the opinion of the Court:

¶2The word fine might well be left out, if it obscured or confounded the sense of the scire fiadas ; and it would then *11read eight hundred pounds on a forfeited recognizance.” But if the word be retained, it is not possible for the defendant to misapprehend the purport of the scire faáas, because the meaning intended to be affixed to the woi>d, is explained by what follows. When the state exhibits the record shewing that the defendants recognizance was forfeited, the fact affirmed in the sáre faáas is substantially proved, and the plea of mil iiel record, negatived — Let judgment be entered for the State.

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