Neal v. . Joyner
Supreme Court of North Carolina
Civil ACTION tried at Spring Term, 1883, of Orange Superior Court, before MacRae, J. The action is for assault and battery and for false imprisonment in causing the arrest and detention of the plaintiff upon a charge of felony.
Read the full summary
Civil ACTION tried at Spring Term, 1883, of Orange Superior Court, before MacRae, J. The action is for assault and battery and for false imprisonment in causing the arrest and detention of the plaintiff upon a charge of felony. In answer and defence, the defendant states the arrest to have been made under the following circumstances: On the day mentioned in the complaint one Weaver came to the defendant (railroad agent and telegraph operator) at Princeton, a station on the North Carolina railroad, and communicated the information that some one had the night before broken into his house and…
1Opinion of the Court
Smith, C. J.,
after stating the above. At common law, when a felony was committed and a constable received information of the person who did it, he may arrest the offender -without warrant and detain him until he can bring him before a justice, though hot compellable to do so. 1 Hale P. C., 587.
Iq like manner a private person may arrest the party who has committed the felony, and use necessary force to overcome his resistance; if he witnesses tlie act done, he is bound to make the arrest, lb., 588.
Onr former statute embodies in substance the first proposition and imposes upon all peace…
2Cases cited1 opinion
- Burns v. . ErbenNew York Court of Appeals · 1869
3Cited by28 opinions
- State v. MobleySupreme Court of North Carolina · 1954
- Sossamon v. Cruse.Supreme Court of North Carolina · 1903
- Pine v. OkzewskiSupreme Court of New Jersey · 1934
- State v. . McNinchSupreme Court of North Carolina · 1884
- Martin v. HouckSupreme Court of North Carolina · 1906
23 more not listed; retrieve them via the Exa API.