Legal Opinion

Mitchell v. . Talley

Supreme Court of North Carolina

Decided December 21, 1921PublishedCited by 15 opinions

Appeal by plaintiff from Webb, J., at tbe October Term, 1921, of ChjILFORD. Civil action to recover damages of tbe defendant for tbe willful and wrongful killing of plaintiff’s intestate, wbo was a police officer, and at tbe time of bis death was engaged in tbe discharge of bis duty in undertaking to arrest defendant for violation of tbe prohibition law. Defendant escaped immediately after plaintiff’s intestate was killed and personal service on defendant could not be made.

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Appeal by plaintiff from Webb, J., at tbe October Term, 1921, of ChjILFORD. Civil action to recover damages of tbe defendant for tbe willful and wrongful killing of plaintiff’s intestate, wbo was a police officer, and at tbe time of bis death was engaged in tbe discharge of bis duty in undertaking to arrest defendant for violation of tbe prohibition law. Defendant escaped immediately after plaintiff’s intestate was killed and personal service on defendant could not be made. At tbe time of issuing tbe summons, plaintiff, on proper affidavit, secured a warrant of attachment and same was levied…

1Opinion of the CourtHoice, J.

In the recent case of Tisdale v. Eubanks, 180 N. C., 153 and 155, the Court, in upholding the writ of attachment in an action for slander, had occasion to refer to the successive statutes controlling the matter, by which the lawful use of this writ has been continuously enlarged until under the latest amendment, C. S., 798, subsee. 4, the right is extended to actions for “any injury to the person, caused by negligence or wrongful act,” and it was there said that the history of this legislation and this, the latest amendment to the law, showed an evident intent on tbe part of tbe Legislature…

2Cases cited11 opinions

  1. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  2. Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
  3. Crapo v. . City of SyracuseNew York Court of Appeals · 1906
  4. Lincoln v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1914
  5. Hecht v. Ohio & Mississippi Railway Co.Indiana Supreme Court · 1892

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3Cited by15 opinions

  1. Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1925
  2. Brown v. Southern Railway Co.Supreme Court of North Carolina · 1932
  3. Tieffenbrun v. . FlannerySupreme Court of North Carolina · 1930
  4. Tieffenbrun v. FlannerySupreme Court of North Carolina · 1930
  5. Capps v. . R. R.Supreme Court of North Carolina · 1922

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