Skillington v. . Allison
Supreme Court of North Carolina
From Cabarrus. Case for malicious prosecution» Plea — statute of limitations. On the 17th of December, 1817, Allison, a justice of the peace, at the instance of Gardner, as the prosecutor, issued a warrant to arrest the Plaintiff on a charge of felony, and after examination by Allison, the Plaintiff was committed.
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From Cabarrus. Case for malicious prosecution» Plea — statute of limitations. On the 17th of December, 1817, Allison, a justice of the peace, at the instance of Gardner, as the prosecutor, issued a warrant to arrest the Plaintiff on a charge of felony, and after examination by Allison, the Plaintiff was committed. On the 22d of December, 1817, Allison issued a mandate to one Reed, as an officer, to receive the body of the Plaintiff from the jailer of the county, and bring him up for further examination. On ^10 December, the Plaintiff was examined by Allison, together with Harris and Young,…
1Opinion of the Court
Taylor, Chief-Justice,
delivered the opinion of the Court:
That a Plaintiff who is nonsuited is within the equity of the 6th section of the act of 1715, has been uniformly considered in practice as a settled rule, and must be familiar to tiie profession — (2 Hayw. 63.) And though the precise case of a nonsuit may not be found in foreign books, yet it depends upon the same principle which has admitted other cases than those enumerated in the statute, the words of which contain a clear indication that all foe cases were not intended to be enumerated, by referring in general to 4Í all such cases.”…
2Cited by5 opinions
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- Straus, Hartman, Hofflin & Co. v. BeardsleySupreme Court of North Carolina · 1878
- Blades v. Southern Railway Co.Supreme Court of North Carolina · 1940
- Bradshaw v. Citizens National BankSupreme Court of North Carolina · 1916