Davis v. Sanders
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | McIVER |
| Citation | 40 S.C. 507,19 S.E. 138 |
| Decision Date | 05 March 1894 |
| Parties | DAVIS v. SANDERS, Sheriff, et al. |
19 S.E. 138
40 S.C. 507
DAVIS
v.
SANDERS, Sheriff, et al.
Supreme Court of South Carolina.
March 5, 1894.
A warrant, which was not subscribed by the issuing officer, was insufficient to justify an arrest, though his name was written in the body and indorsed on the back of the warrant.
Appeal from common pleas circuit court of Sumter county; J. H. Hudson, Judge.
Action by H. Murray Davis against Marion Sanders, sheriff, and William T. Hurst, deputy sheriff, for false imprisonment. From a judgment for defendants, plaintiff appeals. Reversed.
Lee & Moise, for appellant
R. O. Purdy, for respondents.
McIVER, C. J. The plaintiff brought this action to recover damages for false Imprisonment The facts do not seem to have been disputed, and are as follows: A paper purporting to be a warrant was delivered to the defendant Sanders, as sheriff, by a trial justice, commanding him to arrest the plaintiff under a charge, for resisting an officer In the execution of a warrant to enforce an agricultural lien, which paper was delivered
[19 S.E. 139]by the sheriff to his deputy, the codefend-ant, Hurst, to be executed, and the plaintiff was by him arrested. But when the plaintiff was brought to the courthouse, it was for the first time discovered that the alleged warrant under which the arrest was made was not signed by the trial justice in the usual form, nor was it dated in the attesting clause, the date not having been filled in at the place left for that purpose. As soon as this discovery was made, the sheriff released the plaintiff from arrest, and he returned to his home. The paper under which the arrest was made was the usual printed blank form, of which the following is a copy, after the words which are in italics had been inserted by the trial Justice in his own handwriting, to wit:
"The State of South Carolina, County of Sumter. By C. C. Manning, Trial Justice in and for the said County and the said State. To any Lawful Constable, or the Sheriff of said County. Whereas complaint upon oath has been made unto me by 1. 8. Arrants that at the farm of Murray Davis, in the county and state aforesaid, on the 6th and the 18th days of January, 1893, one Murray Davis and Lafayette Davit and Joshua Davis did resist I. 8. Arrants, lawful constable of I. L. Parrott, a duly-qualified trial justice for said county and state, in the execution of a certain warrant of attachment against the crops of said Murray Davis on his farm in said county and state, duly issued under the hand and seal of said trial justice: These are therefore to command you to apprehend the said defendants, and bring them before me, to be dealt with according to law Given under my hand
and seal the ——day of ——, one thousand
eight hundred and ——.
" ——, Trial...
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State v. Covert, No. 4071.
...Though the statute does not specifically require that the warrant be signed, it requires that it be "issued." In Davis v. Sanders, 40 S.C. 507, 19 S.E. 138 (1894), "[our supreme] court held that the warrant was not `issued' as required by law, and conferred no authority on the sheriff to ma......
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Lee v. Vaughan's Seed Store
...in Vines [101 Ark. 74] v. Clingfost, 21 Ark. 309, and in Board of Trustees v. Campbell 48 La.Ann. 1543, 21 So. 184; Davis v. Sanders, 40 S.C. 507, 19 S.E. 138; Watson v. Pipes, 32 Miss. 451; 25 Am. & Eng. Ency. of Law, 1065. A name merely printed in an instrument where according to its purp......
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Ledford v. Hubbard
...Vines v. Clingfost, 21 Ark. 312; Seventh Street C. M. E. Church v. Campbell, 48 La. Ann. 1546, 21 So. 184; Davis v. Sanders, 40 S.C. 510, 19 S.E. 138; Watson Heatherington v. Pipes, 32 Miss. 466; Lee v. Vaughan's Seed Store, 101 Ark. 68, 141 S.W. 496, 37 L. R. A. (N. S.) 352. Practically th......
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Ledford v. Hubbard
...in Vines v. Clingfost, 21 Ark. 312; 7th St. C.M.E. Church v. Campbell, 48 La. Ann. 1546, 21 So. 184; Davis v. Saunders, 40 S.C. 510, 19 S.E. 138; Watson v. Pipes, 32 Miss. 466; Lee v. Vaughn Seed Store, 101 Ark. 68, 141 S.W. 496, 37 L.R. A. (N.S.) 352. Practically the same thing is said in ......
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State v. Covert, No. 4071.
...Though the statute does not specifically require that the warrant be signed, it requires that it be "issued." In Davis v. Sanders, 40 S.C. 507, 19 S.E. 138 (1894), "[our supreme] court held that the warrant was not `issued' as required by law, and conferred no authority on the sheriff to ma......
-
Lee v. Vaughan's Seed Store
...in Vines [101 Ark. 74] v. Clingfost, 21 Ark. 309, and in Board of Trustees v. Campbell 48 La.Ann. 1543, 21 So. 184; Davis v. Sanders, 40 S.C. 507, 19 S.E. 138; Watson v. Pipes, 32 Miss. 451; 25 Am. & Eng. Ency. of Law, 1065. A name merely printed in an instrument where according to its purp......
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Ledford v. Hubbard
...Vines v. Clingfost, 21 Ark. 312; Seventh Street C. M. E. Church v. Campbell, 48 La. Ann. 1546, 21 So. 184; Davis v. Sanders, 40 S.C. 510, 19 S.E. 138; Watson Heatherington v. Pipes, 32 Miss. 466; Lee v. Vaughan's Seed Store, 101 Ark. 68, 141 S.W. 496, 37 L. R. A. (N. S.) 352. Practically th......
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Ledford v. Hubbard
...in Vines v. Clingfost, 21 Ark. 312; 7th St. C.M.E. Church v. Campbell, 48 La. Ann. 1546, 21 So. 184; Davis v. Saunders, 40 S.C. 510, 19 S.E. 138; Watson v. Pipes, 32 Miss. 466; Lee v. Vaughn Seed Store, 101 Ark. 68, 141 S.W. 496, 37 L.R. A. (N.S.) 352. Practically the same thing is said in ......