{
  "id": 6754771,
  "name": "BOZMAN against ARMISTEAD and FESSENDEN",
  "name_abbreviation": "Bozman v. Armistead",
  "decision_date": "1817-07",
  "docket_number": "",
  "first_page": "183",
  "last_page": "184",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Taylor 183"
    },
    {
      "type": "official",
      "cite": "4 N.C. 183"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 165,
    "char_count": 2111,
    "ocr_confidence": 0.486,
    "sha256": "dbf229c52cab01cf139ae473c53247fc703930c62ef91ca39422ffd54fe1ee84",
    "simhash": "1:02aa2075bc7bae2d",
    "word_count": 379
  },
  "last_updated": "2023-07-14T18:53:33.045765+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "The rest of the Court concurred."
    ],
    "parties": [
      "BOZMAN against ARMISTEAD and FESSENDEN."
    ],
    "opinions": [
      {
        "text": "Taylor, C. J.\nThe act of 1810, c. 10, regulates the proceedings in this case. It prescribes the remedy on the bond which the act of 1800, c. 9, had previously required to be taken. The hpnd is to be proceeded on \u201c in the same manner, and under the same rules and restrictions, that' bonds are proceeded upon in cases of appeals fron* County to the Superior Courts.\u201d The act of 1785, c> directs appeal bonds to be made part of the records sent up to the Superior Courts, and allows judgment to be entered up instanfer, against the appellant and his sureties. The construction of this act has been, that the appellee, if he do not think fit to enter up judgment on the appeal bond at the Term the cause is decided, may have a scire facias to bring the obligors in at a future Term. This is the method pursued in the present casg.\nThere must, therefore, be judgment for the Plaintiff.\nSeawell, J,\nThe act of 1810 places bonds given upon the obtaining of injunctions, as to the remedy of entpreing them, upon the same footing with bonds in cases of appeal from, the County to the Superior Courts. Upon appeal bonds, the Legislature has declared, there shall and may be judgment upon motion; and has also given to them the quality of a record, by declaring that they shall be made part thereof. The effect thence resulting is, that being fart of a record, a scire facias will lie to enlorce them. The remedy upon these bonds, being declared the same as those referred t\u00f3, it follows, that a scire facias will lie ; and, consequently, that\nThe demurrer must be overruled.\nThe rest of the Court concurred.",
        "type": "majority",
        "author": "Taylor, C. J. Seawell, J,"
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "BOZMAN against ARMISTEAD and FESSENDEN.\nScire facias J^odeofproT \u201dna upon the obtaining an in-\nThe act of 181Q, c. 10, makes such bonds part of the records.\nSC IKE FACIAS, issuing from the Court of Equity, against the Defendants, as securities and co-obligors in a bond given by Morrison, on obtaining an injunction against a judgment at law, recovered by Bozman.\nThe Defendants demurred, on the ground that the , . - inedy on the bond was at law, by an action of debt.\nThe case was submitted, without argument."
  },
  "file_name": "0183-01",
  "first_page_order": 181,
  "last_page_order": 182
}