Meeds v. . Carver
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Camden County, at the Spring- Term, 184S, his Honor Judge Settle presiding. The action is trespass, for false imprisonment in the gaol of Pasquotank in July 1844. The defendant pleaded, in justification, two writs of capias ad satisfaciendum, directed to him, as Sheriff of that County. On the trial the defendant gave in evidence the two ca. sa’s.
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Appeal from the Superior Court of Law of Camden County, at the Spring- Term, 184S, his Honor Judge Settle presiding. The action is trespass, for false imprisonment in the gaol of Pasquotank in July 1844. The defendant pleaded, in justification, two writs of capias ad satisfaciendum, directed to him, as Sheriff of that County. On the trial the defendant gave in evidence the two ca. sa’s. One of them was issued by a Justice of the Peace, and commanded the Sheriff to take the body of the plaintiff and two other persons, and “ them safely keep, so that you have them before some Justice of the…
1Opinion of the CourtRuffin, C. J.
The judgment must be affirmed, without reference to the point of the validity or invalidity of the Justice’s execution; for, admitting it to be void', yet the other was a full authority for all that was done, as the validity of that is not questioned. As to it, the objections are, that the plaintiff was not informed that he was arrested on it, and in fact, that he was not, for it was in the hands of the defendant himself and was not then known to the plaintiff, nor to Hunter, who made the arrest. But that is not at all material; for if the officer expressly declare that he arrests under an…
2Cited by2 opinions
- Alexander v. LindseySupreme Court of North Carolina · 1949
- State v. . DitmoreSupreme Court of North Carolina · 1919