White v. . Underwood
Supreme Court of North Carolina
Civiu AotioN beard before Bowman, J., at Spring Term, 1899,-of TTebtfoRd Superior Court, upon, a motion made by defendant tó vacate the process and order of arrest and bail issued by the Clerk in this cause.
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Civiu AotioN beard before Bowman, J., at Spring Term, 1899,-of TTebtfoRd Superior Court, upon, a motion made by defendant tó vacate the process and order of arrest and bail issued by the Clerk in this cause. His Honor found the following facts: On the 15th day of February, 1899, at the instance of the plaintiff in this action, the defendant was arrested under a State warrant charging the defendant with a secret assault, and on the same day he was committed to the common jail of Hertford County in default of bail in sum of $800; and on the next day, to-wit, the 16th of February, 1899, the…
1Opinion of the CourtQuark, J.
The summons in this action and an order of arrest and bail ancillary thereto were served upon the defendant while confined in jail upon failure to give bond for his appearance to answer a criminal charge for some secret assault. Code, sec. 131.
The sheriff has authority to serve process anywhere in his county, in jail as well as elsewhere. The jail possesses no “privilege of sanctuary.” The reason for the. exemption of witnesses and jurors from civil arrest (Code, secs. 1367 and 1735) and of non-resident parties and witnesses voluntarily attending court here from service of any civil process…
2Cases cited5 opinions
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- Davis v. DuffieThe Superior Court of New York City · 1861
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- Phelps v. PhelpsNew York Court of Chancery · 1838
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- Ryan v. EbeckeSupreme Court of Connecticut · 1925
- Green v. BoneySupreme Court of South Carolina · 1958
- Cooper v. United StatesDistrict of Columbia Court of Appeals · 1946
- In re HendersonNorth Dakota Supreme Court · 1914
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