Braddy v. . Hodges
Supreme Court of North Carolina
Arrest — Resistance to Officer — Force in defence of Property— Tb'espass — False Imprisonment. This is a civil ACTION, which was tried before Avery, J., at February Term, 1887, of Beaufort Superior Court. There was a verdict for the defendant, and from the judgment rendered thereon the plaintiffs appealed.
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Arrest — Resistance to Officer — Force in defence of Property— Tb'espass — False Imprisonment. This is a civil ACTION, which was tried before Avery, J., at February Term, 1887, of Beaufort Superior Court. There was a verdict for the defendant, and from the judgment rendered thereon the plaintiffs appealed. The plaintiffs, Benjamin F. Braddy and wife Wealthy, bring their action against the defendant Robert F. Hodges, Sheriff of Beaufort County, to recover compensation in damages for an alleged unlawful arrest and imprisonment of the feme plaintiff by one M. J. Fowler, his deputy, in which the…
1Opinion of the Court
SMITH, C. J.,
(after stating the case). We cite from the evidence given by the parties as to what occurred and omit that of others, which is mainly corroborative, so that it may be seen how, upon its different aspects, the jury were instructed, and the pertinency and correctness of the law given in the charge.
After the seizure of the hog under the warrant, the exhibits accompanying the proceeding show an affidavit made by Archbell disclaiming property in the hog, and another made by the feme plaintiff asserting her right thereto, upon the submission of which, at her instance, she was…
2Cited by6 opinions
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- Cover v. StateCourt of Appeals of Maryland · 1983
- Brown Ex Rel. Brown v. MartinezNew Mexico Supreme Court · 1961
- State v. . DulaSupreme Court of North Carolina · 1888
- State v. . McMahanSupreme Court of North Carolina · 1889
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