State v. . O'Connor

Supreme Court of North Carolina
State v. . O'Connor, 27 S.E.2d 88 (N.C. 1943)
223 N.C. 469; 1943 N.C. LEXIS 303
PER CURIAM.

State v. . O'Connor

Opinion of the Court

Pee Cubiam.

O’Connor was indicted in the Superior Court of Har-nett County for breaking and entering, and his codefendant in this proceeding, the Tar Heel Bond Company, became surety for his appearance in court.to answer the charge. Upon his failure to appear at September Term, 1941, of said court, judgment nisi was entered against O’Connor *470 and bis said surety, and sci. fa. issued and served upon tbe defendant surety. Upon return of tbe sci. fa. at January, 1942, Term of tbe court, upon motion of tbe solicitor, judgment absolute was entered against O’Connor and bis surety, tbe Tar Heel Bond Company, in tbe amount of $2,000.00, tbe penal sum named in tbe bond.

Subsequently, tbe defendants made a motion to set tbe judgment aside because of surprise and excusable neglect — O. S., 600 — alleging tbat they bad been misled because tbe motion for judgment absolute did not appear for bearing on tbe printed calendar of cases to be beard at tbat term. Tbe motion was denied and defendants appealed.

Inspection of tbe record discloses tbat defendants, in tbeir motion, made no allegation tbat tbey bad any meritorious defense, and none was presented on tbe bearing of tbeir motion. Dunn v. Jones, 195 N. C., 354, 356, 142 S. E., 320; Bank v. Dulce, 187 N. C., 386, 122 S. E., 1; Cayton v. Clark, 212 N. C., 374, 193 S. E., 304. Tbe motion was properly denied.

Judgment affirmed.

Reference

Full Case Name
State v. Joseph O'Connor and Surety, Tar Heel Bond Company.
Cited By
2 cases
Status
Published