# State v. . Brown

> Supreme Court of North Carolina · October 30, 1940 · 218 N.C. 368

URL: https://www.frixlaw.com/law-library/cases/3678517

## Case

- **Full name:** State v. Wadis Brown and Surety, Tar Heel Bond Company, Inc.
- **Court:** Supreme Court of North Carolina
- **Decided:** October 30, 1940
- **Citations:** 218 N.C. 368; 11 S.E.2d 294; 1940 N.C. LEXIS 157
- **Precedential status:** Published
- **Opinion:** Opinion of the court by BaRNHill
- **Judges:** BaRNHill
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3678517

## Opinion text

BaRNHill, J.
The appellant contends that it was error for the court
to
enter judgment absolute on the
sci. fa.
until such
sci. fa.
had been served on the principal and that, therefore, the judgment pronounced is voidable and unenforceable. The question thus sought to be presented is decided by this Court in
Bond Co. v. Krider, ante,
361. The decision in that case is controlling. As the defendant Brown was permitted t0‘ remain at large under the bond until the second Monday of the court, his failure to appear constitutes a forfeiture thereof.
S. v. Staley,
200 N. C., 385 , 157 S. E., 25 .
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3678517. Public record. Not legal advice.