Martin v. Houck
Supreme Court of North Carolina
ActioN by S. 0. Martin, against Calvin Houck and others, beard by Judge Oliver E. Allen and a jury, at the November Term, 1905, of the Superior Court of Caldwell. This action was brought to recover damages for an unlawful arrest and false imprisonment. The defendant, Calvin Houck, was a policeman of Granite Falls, when he was informed that the plaintiff had stolen a pair of shoes from a store while it was on fire.
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ActioN by S. 0. Martin, against Calvin Houck and others, beard by Judge Oliver E. Allen and a jury, at the November Term, 1905, of the Superior Court of Caldwell. This action was brought to recover damages for an unlawful arrest and false imprisonment. The defendant, Calvin Houck, was a policeman of Granite Falls, when he was informed that the plaintiff had stolen a pair of shoes from a store while it was on fire. He and his co-defendants, J. 0. Deal and George Lefevers, who acted as deputies, went to the plaintiff’s house, which was two miles from the town, in the night and after the…
1Opinion of the Court
Walker, J.,
after stating the case: The court in -its charge fully explained to the jury the law applicable to the power of an officer to arrest without a warrant, and also in*320structed them as to the powers of a town policeman. The only two exceptions made'to the charge are really the same in substance and are sufficiently presented in the exception noted.
The statute provides as follows: “As a peace officer, the constable shall have within the town all the powers of a constable in the county; and as. a ministerial officer, he shall have power to serve all civil and criminal process that may be…
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