Davis v. Sanders
Supreme Court of South Carolina
Before Hudson, J., Sumter, April, 1893. Acbiou by H. Murray Davis against Marion Sanders, sheriff,' and William T. Hurst, deputy sheriff, commenced February 2, 1893, to recover damages for false imprisonment. The sheriff relied upon an unsigned warrant as his justification. The affidavit was in all respects regular, but the warrant was as stated in the opinion. It was signed by the trial justice some days afterwards.
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice MoIver.
The plaintiff brought this action to recover damages for false imprisonment. The facts do not seem to have been disputed, and are as follows: A paper purporting to be a warrant was delivered to the defendant, Sanders, as sheriff by a trial justice, commanding him to arrest the plaintiff under a charge for resisting an officer in the execution of a warrant to enforce an agricultural lien, which paper was delivered by the sheriff to his deputy, the codefendant, Hurst, to be executed, and the plaintiff was by him arrested. But…
2Cited by8 opinions
- Ledford v. HubbardCourt of Appeals of Kentucky (pre-1976) · 1926
- State v. CovertSupreme Court of South Carolina · 2009
- State v. BethuneSupreme Court of South Carolina · 1919
- Dubose v. DuboseSupreme Court of South Carolina · 1911
- State v. DupreSupreme Court of South Carolina · 1926
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