1 I From Wake. J The Defendants were under recognizance to appear at Wake County Court, at February Term, 1818 5 they failed to appear, and their recognizances were forfeited. Scire fadases were issued, and upon their appearing in Court and shewing cause, their forfeitures were remitted.
Cited by 1 later decisions — most recently March 1953
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶2
Upon an appeal from the County to the Superior Court, the law directs that there shall be a trial
de novo ;
that is, it shall be tried in the same manner as it should havebeen tried in the County Court. On the motion to remit the forfeiture in the County Court, the Defendants were bound to shew some reason or cause wherefore it should be remitted. When the case came into the Superior Court, upon an appeal, the Defendants should again, as in the County Court, have shewn the reason wherefore their forfeiture should bo remitted. The opinion, therefore, of the presiding Judge, was erroneous in affirming the judgment of the County Court, merely because the State did not shew it to be wrong. He should have heard the case
de novo.
The judgment of the Superior Court must therefore be reversed, and the case remanded to the Superior Court, with instructions to hear it
de novo.
