Smith v. Hart
Supreme Court of South Carolina
Motion for a hew trial. The plaintiff brought an action of trespass on the case against the defendant, as sheriff of Charleston' district, for au escape of one taken upon a capias ad respondendum, at the suit of the same plaintiff ;• and obtained a verdict : and this' motion was on behalf of the defendant, to set aside the verdict, and grant a new trial; on the following grounds :■ 1. That the plaintiff; in his declaration, states, that the person who escaped was indebted to…
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Motion for a hew trial. The plaintiff brought an action of trespass on the case against the defendant, as sheriff of Charleston' district, for au escape of one taken upon a capias ad respondendum, at the suit of the same plaintiff ;• and obtained a verdict : and this' motion was on behalf of the defendant, to set aside the verdict, and grant a new trial; on the following grounds :■ 1. That the plaintiff; in his declaration, states, that the person who escaped was indebted to him for a horse sold at two'hundred dollars, and the evidence given at the trial, was of ninety dollars only; and it…
1Opinion of the Court
The court,
all the judges being present, agreed to the doctrine laid down by the plainfjff’s counsel; and unanimously concurred in refusing a new trial. The court observed, 'that it appeared the sheriff had been guilty of gross negligence, and that the jury might thence infer, that the escape was voluntary. Having found for the plaintiff, they would presume that the jury did draw that conclusion from the evidence ; and they agreed that the defective condition of the gaol was not a sufficient legal excuse for a sheriff.
New trial refused.
Note. — In the cage of Bonafous v. Walker, 2 T. R. 126,…
2Cases cited3 opinions
- Potter v. LansingNew York Supreme Court · 1806
- Rawson v. DoleNew York Supreme Court · 1807
- Stone v. WoodsNew York Supreme Court · 1809