Adams v. . Turrentine
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Orange County, at the Special Term, on the second Monday of December 1847, his Honor Judge Battle presiding. This action is debt against the sheriff of Orange for the negligent escape of Mordecai Flemming, committed to the defendant in execution. Plea, nil debet, and issue thereon.
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Appeal from the Superior Court of Law of Orange County, at the Special Term, on the second Monday of December 1847, his Honor Judge Battle presiding. This action is debt against the sheriff of Orange for the negligent escape of Mordecai Flemming, committed to the defendant in execution. Plea, nil debet, and issue thereon. The plaintiff obtained judgment against Flemming in Orange County Court, and afterwards, at November term, 1839, the bail brought him into Court, and surrendered him, and on the motion of the plaintiff, he was committed in execution, and was received by the defendant, who…
1Opinion of the CourtRuffin, C. J.
The action is founded on the Act of 1777, ch. 118; which gives debt against a sheriff, who shall “wilfully or negligently suffer” a debtor taken in execution, to escape. The question turns on the meaning of the term, “negligently,” in the statute. It seems a little singular, that at tliis day a definition of that expression should be called for, in reference to an escape. It is true, the statute does not directly define it, but the meaning, we think, is not the less clear. It seems to have been used as a word before appropriated to one kind of escapes, which was then the subject of…
2Cited by8 opinions
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- State Ex Rel. Battle v. City of Rocky MountSupreme Court of North Carolina · 1911
- State v. . Colonial ClubSupreme Court of North Carolina · 1910
- Patterson v. . GalliherSupreme Court of North Carolina · 1898
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
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