State v. Kay, 580

Decision Date09 May 1956
Docket NumberNo. 580,580
Citation244 N.C. 117,92 S.E.2d 667
CourtNorth Carolina Supreme Court
PartiesSTATE, v. John W. KAY.

Atty. Gen. William B. Rodman, Jr., Asst. Atty. Gen. T. W. Bruton, for the State.

Thomas J. Gold, Robert M. Martin, High Point, for defendant appellant.


In the absence of judgment appearing in the record, this case will be remanded to Superior Court of Guilford County, High Point Division, for judgment or for correction of the record so as to reveal the actual status of the record. Then defendant may appeal, or proceed otherwise as he may be advised.

Quaere: It appearing upon the face of the record that the affidavit on which warrant was issued was made before 'B. Mason, Sgt.,' and that the warrant is signed by 'B. Mason, Sgt.': Is this a valid process?


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4 cases
  • Dealers Supply Co., Inc. v. Cheil Industries, Inc.
    • United States
    • U.S. District Court — Middle District of North Carolina
    • December 13, 2004
    ... ... United States District Court, M.D. North Carolina ... December 13, 2004 ... Page 580 ... COPYRIGHT MATERIAL OMITTED ... Page 581 ... COPYRIGHT MATERIAL OMITTED ... Page 582 ...         Dealers brought suit against Defendants in the Superior Court of the State of North Carolina, Durham County. Defendants ... Page 584 ... removed the suit to this court ... ...
  • Barbour v. Scheidt
    • United States
    • North Carolina Supreme Court
    • May 1, 1957
    ...held that where no judgment has been imposed on a verdict in a criminal case, an appeal must be dismissed as premature. State v. Kay, 244 N.C. 117, 92 S.E.2d 667; State v. Koone, 243 N.C. 680; 91 S.E.2d 672; State v. Smith, 95 N.C. 680; State v. Hedrick, 95 N.C. 624; State v. Saunders, 90 N......
  • Surratt v. Brown, 15 CVS 1551
    • United States
    • Superior Court of North Carolina
    • July 27, 2015
    ... ... , as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory, whether properly labeled or not." ... Norman v. Tradewinds Airlines, Inc. , 286 F.Supp.2d 575, 580 (M.D. N.C. 2003) ... [ 2 ] To the extent Plaintiff argues that equitable estoppel would toll ... ...
  • Radio Electronics Co. v. Radio Corp. of America, 386
    • United States
    • North Carolina Supreme Court
    • May 9, 1956
    ... ... or agreement hereafter made, limiting the rights of any person to do business anywhere in the State of North Carolina shall be enforceable unless such agreement is in writing duly signed by the party ... ...

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