Moore v. . Green
Supreme Court of North Carolina
This was a MOTION by the defendant, to vacate an order of arrest granted in a civil action brought by plaintiff against defendant for libel, returnable to Spring Term of Alamaijce Superior Court, and heard before Kerr, J., at Chambers, during the Fall Term, 1874, of the Superior Court of Guilford county. The defendant first moved his Honor to vacate his order for the arrest, and to discharge him from custody, on the ground that he was privileged from arrest.
Read the full summary
This was a MOTION by the defendant, to vacate an order of arrest granted in a civil action brought by plaintiff against defendant for libel, returnable to Spring Term of Alamaijce Superior Court, and heard before Kerr, J., at Chambers, during the Fall Term, 1874, of the Superior Court of Guilford county. The defendant first moved his Honor to vacate his order for the arrest, and to discharge him from custody, on the ground that he was privileged from arrest. The facts as found by his Honor, upon hearing this motion are as follows, to-wit: On Monday of the Fall Term, 1874, of Guilford Superior…
1Opinion of the CourtBodhaN, J.
Two questions of some importance are presented by the record in this case :
1. Was the defendant privileged at the time of his arrest? The authorities which have been found on this point are very few, but they are very respectable -and we consider them decisive. They establish a distinction between parties who are attending Court prosecuting civil actions and persons who have been brought into Court on criminal process and have been discharged from arrest under it.
In Hare v. Hyde, 16 Adol. and Ellis., ei, secy. 304, (71 E. C. L. Rep. 373,) the defendant Hyde had been tried for embezzlement and…
2Cases cited1 opinion
- L. H. Dellinger v. . A. G. TweedSupreme Court of North Carolina · 1872
3Cited by17 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- State v. . YarboroSupreme Court of North Carolina · 1927
- In re WheelerSupreme Court of Kansas · 1885
- Ex Parte MannCourt of Criminal Appeals of Texas · 1898
- In re BoydSupreme Court of Kansas · 1886
12 more not listed; retrieve them via the Exa API.