State Ex Rel. Lawrence v. Buxton
Supreme Court of North Carolina
Civil action, tried before MacRae, J., at Fall Term, 1888, of Hertford Superior Court. Plaintiff appealed. In an action between the relator and one Baugham, he obtained an order for the arrest of the defendant therein, which was placed in the hands of the present defendant, who was Sheriff, to be executed by him, and he was legally charged to execute the same, and he made return thereof as follows: “This order came to hand by mail, August 29, 18*4.' No fee paid or tendered.
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Civil action, tried before MacRae, J., at Fall Term, 1888, of Hertford Superior Court. Plaintiff appealed. In an action between the relator and one Baugham, he obtained an order for the arrest of the defendant therein, which was placed in the hands of the present defendant, who was Sheriff, to be executed by him, and he was legally charged to execute the same, and he made return thereof as follows: “This order came to hand by mail, August 29, 18*4.' No fee paid or tendered. “ W. T. BuxtoN, Sheriff.” “ I return this writ not served. “ W. T. Buxton, “Sheriff Northampton County.” The relator,…
1Opinion of the CourtMeebimoN, J.
(after stating the case). The plaintiff contends that the return, “ I return this writ not served,” of the order of arrest mentioned, was false, in that the defendant, as Sheriff, before the making thereof, had, in fact and contemplation of law, “ served ” — executed—the order according to the exigency thereof, through and by his deputy. The Court below, accepting the evidence produced by the plaintiff as true, was of opinion that the return was not false, and we concur in that opinion.
The term “ arrest” has a technical meaning, applicable in legal proceedings. It implies that a person is…
2Cases cited1 opinion
- Baldwin v. MurphyIllinois Supreme Court · 1876
3Cited by9 opinions
- State v. AllenSupreme Court of North Carolina · 1973
- Johnson v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1918
- People v. MirbelleAppellate Court of Illinois · 1934
- Hadley v. . TinninSupreme Court of North Carolina · 1915
- Stancill v. . UnderwoodSupreme Court of North Carolina · 1924
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