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STATE v. MALLORY

Nos. 509, 510.

145 S.E.2d 335 (1965)

266 N.C. 31

STATE of North Carolina v. Mae MALLORY, Harold Reep, Richard Crowder, John C. Lowry, and Resolute Insurance Company and Tidewater Bonding and Surety Agency, Inc., Sureties for Mae Mallory, Harold Reep and Richard Crowder.

Supreme Court of North Carolina.

December 15, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Ralph Moody for the State, and Smith & Griffin, by C. Frank Griffin, Monroe, for Board of Education of Union County.

Mitchell & Murphy, Raleigh, and W. B. Nivens, Charlotte, for defendant appellants Mallory, Reep, Crowder and Lowry.

Seawell & Harrell, by Bernard A. Harrell, Raleigh, for defendant appellants Resolute Ins. Co. and Tidewater Bonding & Surety Agency, Inc.

PARKER, Justice.

The individual defendants and the corporate defendants have brought up separate appeals from the same judgment. We have consolidated these appeals for the purpose of decision in one opinion.

The individual defendants here have two assignments of error: (1) to the entry of the judgment absolute on their appearance bonds, and (2) to the denial by Judge McConnell of their motion for a dismissal of the bond forfeitures entered against them and...

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