{
  "id": 11960160,
  "name": "Kinchin's executors vs. Brickell",
  "name_abbreviation": "Kinchin's executors v. Brickell",
  "decision_date": "1798-04",
  "docket_number": "",
  "first_page": "49",
  "last_page": "50",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Hayw. 49"
    },
    {
      "type": "official",
      "cite": "3 N.C. 49"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Super. Ct.",
    "id": 22358,
    "name": "North Carolina Superior Court"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 247,
    "char_count": 3339,
    "ocr_confidence": 0.381,
    "sha256": "8d957484ba3f563e4e85eea064bce28302f936d067bf0dd80d60b5ee01604f82",
    "simhash": "1:b9674bf11034fa67",
    "word_count": 582
  },
  "last_updated": "2023-07-14T20:25:52.833864+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Kinchin's executors vs. Brickell."
    ],
    "opinions": [
      {
        "text": "Haywood, Justice.\n-A motion of this sort was sometime ago made in Salisbury court:; Judge Stone and myself being present, and\" he seemed to be of opinion'that the motion ought not- to be allowed, I do not recollect that the practice has been settled\u00bb - '\nGeneral Davie. \u2014 Such a motion was' lately made at Hillsbo-rough, and failed. :\nHaywood, Justice. \u2014 -I will take time to consider of it; you fnay mention your motion a day or two hence.\nAnd now at this day Mr. Falconer ren e we d hrs motion.\nHaywoad, justice. \u2014 The motion at Salisbury was, as well as I remember, the term after the judgment: I thought the judg-gvnent might be entered ; Judge Stone thought it would be to pass against him unheard ; the answer to that was, that the laws having provided the entering up judgment against sureties instanter, was a full notice to them that they would be proceeded against, or might be proceeded against, whenever judgment should be obtained against their principal, and then they should be ready to defend themselves that the bond was a record made up in court,and spoke die truth incontroverdbly, so that its execution could not be denied The event of this decision was, that notice issued and judgment was entered against the sureties at the next term.\nGeneral Davie. \u2014 Some years ago, at Hillsborough, I made a similar motion with the present, and Judge Williams would not allow it, from the same reasons that Judge Stone thought ierra\u00bb proper, a\u00f1d I was obliged to take out a sci.Ja. \u2022 Judge MlCay at Hillsbwrough, would not give judgment the other day, because of the opinion of Judge Williams and Judge Stone, which was then mentioned to him, but said it was the established practice in the western riding to enter up judgment against the sureties as now moved for.\n' Judge Haywood. \u2014 The law is express that judgement maybe entered up against them, as Mr, Falconer proposes. \u2014 The objection that the defendant has no notice of this proceeding being intended is well answered, by saying that the act of Assembly-gives him notice; the nature of his understanding combined with the law is a sufficient notice to him that he may be thus provided against whenever judgment shall be obtained against the principal.' I am well satisfied in this opinion, and as Judge M'Cay is of the same opinion, I shall permit the judgment to be now entered as moved for.\nAnd it was done accordingly.",
        "type": "majority",
        "author": "Haywood, Justice."
      }
    ],
    "attorneys": [
      "Mr. Falconer for the plaintiff,"
    ],
    "corrections": "",
    "head_matter": "Kinchin's executors vs. Brickell.\nTVRBT upon bond which had been brought up into this court ^ by appeal from the county court of Franklin j and now there being a verdict against the defendant,\nMr. Falconer for the plaintiff,\nmoved that judgment might be entered up upon the appeal bond against the sureties for the appeal.. \u2014 And he grounded this motion in \u00cd78S, chap. 2, sect. SP \u201c when any appeal prayed shall not be prosecuted and the court be- \u201c fore whom the said appeal may be determined shall affirm the. \u201c ju Igment, then shall the- appellant be decreed top ay to the ap- \u201c pellee 12 1-2 per cent, interest from the passing of the judg- \u201c ment in the county court, by which such appeal may have been *l granted,\u2019and the bonds, taken for prosecution of appeals with effect shall hereafter make part of the records sent up to the ^\u2018superior court, upon which judgment may he instanter enters' ed up against the appellant and his sureties,Stc.\u201d"
  },
  "file_name": "0049-02",
  "first_page_order": 53,
  "last_page_order": 54
}