Ferrall v. . Brickell
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Halifax County, at the Fall Term, 1843, his Honor Judge Baxley presiding. The case was, that the plaintiff sued out his writ against Redding J. Hawkins and Figures Lowe, returnable to Halifax County Court, which was executed by the defendant Brickell, he being then the sheriff of said county, without taking any bail.
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Appeal from the Superior Court of Law of Halifax County, at the Fall Term, 1843, his Honor Judge Baxley presiding. The case was, that the plaintiff sued out his writ against Redding J. Hawkins and Figures Lowe, returnable to Halifax County Court, which was executed by the defendant Brickell, he being then the sheriff of said county, without taking any bail. The plaintiff prosecuted his suit regularly to judgment, and then sued out his ca. sa. against the defendants, to wit, Hawkins and Lowe. Hawkins was arrested under the ca. sa. by the sheriff Brickell, the defendant, and the execution…
1Opinion of the CourtNash, J.
In the opinion of this court, there was error in the judgment of non-suit against the plaintiff, and we suspect the error was occasioned by not duly regarding the situation in which the parties stood at the time the agreement was entered into. The defendant Brickell, by not taking bail from the defendants, Hawkins and Lowe, became under our law special bail, or bail to the action ; and, as such, liable to all the responsibilities of bail; he became bound, that the defendants should pay such judgment as might be recovered against them, or surrender their bodies. Both in England and in this…
2Cited by1 opinion
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