State v. . Wiggins

WiNBOBNE, J. Tbe validity of tbe judgment absolute entered at tbe June Term, 1947, depends upon tbe effect of the order made at January Term, 1944. As we interpret tbe wording of that order tbe motion to strike out tbe sci. fa. was allowed, and that no further proceedings on tbe forfeited bond should be bad “during tbe pendency of military service of defendant.” Therefore, tbe sci. fa. having been stricken out, judgment absolute could not be entered without further notice, that is until another sci. fa. bad been issued and served, and defendant and sureties given an opportunity to be beard. Whether tbe judgment nisi will then be made absolute, or whether it will be stricken out, rests in tbe discretion of tbe presiding judge of tbe Superior Court before whom it may properly come. Gr. S., 15-116. S. v. Clarke, 222 N. C., 744, 24 S. E. (2d), 619. In tbe light of this interpretation of and bolding on tbe order, tbe judgment absolute was prematurely entered, and is therefore Reversed.