Hyde County NcArchives Court.....J. S. Mitchell, Sheriff, Winborne & Brother V. 1892
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/nc/ncfiles.htm
************************************************

File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 13, 2011, 10:39 pm

Source: N C Reports
Written: 1892

Winborne & Brother v. J. S. Mitchell, Sheriff, et al

Bail - Escape - Damages - Sheriff

1. Insolvency of the principal is no defense to an action against the bail; 
nor can a Sheriff, when sued as bail, show in mitigation of damages such 
insolvency.

2. A Sheriff having permitted one arrested by him upon mesne process in a 
civil action, to go into an adjoining room, from which he escaped, was guilty 
of an escape and subjected himself to the liability as bail.

This is a motion in the cause of subject J. S. Mitchell, a Sheriff, to 
liability as special bail by reason of escape of the defendant, who had been 
arrested upon mesne process in this action, heard at Fall Term, 1891, of Hyde 
Superior Court, Brown, J., presiding. The defendants appealed.

B. B. Winborne (by brief), for plaintiff
No counsel contra

NC Supreme Court Justice Shepherd, J. - It appears from the testimony of the 
deputy, that after making the arrest he permitted the defendant to go into his 
bedroom, from which the defendant escaped by a back door and has never been 
recaptured. This surely amounted to an escape in the eye of the law, and 
brings the Sheriff within The Code 313, which provides that, "If, after being 
arrested, the defendant escape, or be rescued, or bail be not given or 
justified, or a deposit be not made instead thereof, the Sheriff shall himself 
be liable as bail," &c.

The obligation of bail is, "that the defendant shall at all times render 
himself amenable to the process of the Court during the pendency of the 
action, and to such as may be issued to enforce the judgment therein."

We can see no error in the rulings excepted to, and the judgment must 
therefore be

Affirmed.

(see court case for judge's full findings)

Additional Comments:
In the NC Supreme Court September Term 1892

File at: http://files.usgwarchives.net/nc/hyde/court/jsmitche2141gwl.txt

This file has been created by a form at http://www.genrecords.org/ncfiles/

File size: 2.4 Kb