Brady v. . Hughes
Supreme Court of North Carolina
Appeal by plaintiff from Bay, J., at November Term, 1920, of GrUILFORD. Plaintiff’s cause of action, briefly stated, is that defendant, Sheriff of Randolph County, through one of his deputies, arrested one Robert.
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Appeal by plaintiff from Bay, J., at November Term, 1920, of GrUILFORD. Plaintiff’s cause of action, briefly stated, is that defendant, Sheriff of Randolph County, through one of his deputies, arrested one Robert. Needham, under an execution against the person regularly issued from the Superior Court of Guilford County to Randolph County, in an action entitled “Yan.ce Brady v. Robert Needham”; that after making the arrest the sheriff, by his deputy, brought the defendant in execution to Greensboro, and upon his arrival took him to the office of his (Need-ham’s) counsel, where he (the deputy)…
1Opinion of the Court
WaiuíER, J.
It appears, in. this ease, that the prisoner was not permitted, voluntarily or negligently, to go at large, nor in fact did he go at large. He had the opportunity, perhaps, to do so, but the mere chance to do so will not constitute an escape within the meaning of our statute (Rev., 2823; C. S., 3943), making the sheriff liable for the debt, interest, and costs. The statute is highly penal, which would require it to receive a strict construction or, at least, the construction of it should be a reasonable one in determining liability in any given case.
There was no actual escape by…
2Cases cited5 opinions
- Ames v. WebbersNew York Supreme Court · 1832
- State v. . RitchieSupreme Court of North Carolina · 1890
- State v. . JohnsonSupreme Court of North Carolina · 1886
- Wilkes v. Slaughter.Supreme Court of North Carolina · 1824
- Currie v. . WorthySupreme Court of North Carolina · 1854
3Cited by3 opinions
- Sutton v. . WilliamsSupreme Court of North Carolina · 1930
- State ex rel. Sutton v. WilliamsSupreme Court of North Carolina · 1930
- WALL v. GULLEDGEDistrict Court, M.D. North Carolina · 2023