¶1The act of 1794 requires the acknowledgment of the security to be entered by the justice and signed by the party, but it was here entered and signed by the justice in the absence of the party. The act designed to make this an authentic document equivalent to a confession of judgment since (320) execution issues upon it without further notice. Whatever authority the party may communicate to another by a proper power the justice is an unfit organ for its exercise in thereby blending the two functions of party and judge. There must be a new trial.
8 N.C. 319
Weaver v. Parish.
Supreme Court of North Carolina
Decided June 5, 1821
Supreme Court of North Carolina · decided 1821-06-05
From Orange. The Defendant in this case was charged as the security on a judgment rendered by a magistrate in favour of the Plaintiff, and on the trial it appeared from the testimony of the magistrate, that a few days after the judgment was rendered, he signed the name of the Defendant as security, having been requested by the Defendant so to do, and witnessed it by his own signature as a magistrate.
Decided 1821-06-05