Lewis v. . Clegg
Supreme Court of North Carolina
Civil action, for damages, for unlawfully causing the arrest of plaintiff and the abuse of legal process, tried before Molver, Jand a jury, at July Special Term, 1896, of GroiLRORD Superior Court.
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Civil action, for damages, for unlawfully causing the arrest of plaintiff and the abuse of legal process, tried before Molver, Jand a jury, at July Special Term, 1896, of GroiLRORD Superior Court. The complaint alleged, as a first cause of action, that “on the 9th day of April, 1895, the defendant, William F. Clegg, imprisoned the plaintiff and deprived him of his liberty for the space of twenty-four hours, unlawfully and with force, and without probable cause, on a pretended charge that the plaintiff ‘had disposed of his property with intent to defraud his creditors, and was about tu depart…
1Opinion of the Court
MONTGOMERY, J.:
The defendant knew that the plaintiff had no property except an amount of $31.50 due to him by the railroad company for a month’s service already rendered. The defendant, in his testimony, said, “I knew tbe plaintiff bad little or no property, except bis clothes and tbe amount due him by tbe railroad.” With a knowledge of this fact, tbe defendant sued out arrest and bail proceedings, in which it was alleged that the plaintiff was indebted to him in tbe sum of $13.60; and that he bad disposed of bis property with intent to defraud bis creditors, and was about to depart from tbe…
2Cited by8 opinions
- Hawkins v. HawkinsCourt of Appeals of North Carolina · 1991
- Kelly v. . Traction Co.Supreme Court of North Carolina · 1903
- Kelly v. Durham Traction Co.Supreme Court of North Carolina · 1903
- Ford v. . McAnallySupreme Court of North Carolina · 1921
- Tucker v. Winders.Supreme Court of North Carolina · 1902
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