Hoover v. Palmer
| Decision Date | 31 January 1879 |
| Citation | 80 N.C. 313 |
| Court | North Carolina Supreme Court |
| Parties | P. A. HOOVER v. B. H. PALMER. |
OPINION TEXT STARTS HERE
MOTION to vacate an Order of Arrest, heard at Fall Term, 1878, of DAVIDSON Superior Court, before Graves, J.
The plaintiff instituted a civil action for damages against the defendant for the seduction of his daughter, and on filing the required bond, an order of arrest was made by the clerk, and the defendant was held to bail. Upon the hearing of the motion to vacate, His Honor held that an order of arrest could not be granted in such action and allowed the motion, from which judgment the plaintiff appealed.
Messrs. M. H. Pinnix and W. H. Bailey, for plaintiff .
Messrs. Merrimon, Fuller & Ashe, for defendant .
In this action the plaintiff sued to recover damages for the seduction of his daughter, and procured an order of arrest, under which the defendant was taken and held to bail, and aftewards at fall term, 1878, of Davidson superior court, the defendant moved to vacate the order of arrest, and His Honor granted the motion, on the ground that it is not one of the cases for which an arrest is authorized by the Code of Civil Procedure.
The Code, § 149, (1), prescribes that a defendant may be arrested in an action arising on contract, where he is a non-resident of the state, or is about to remove therefrom; and in an action for the recovery of damages on a cause of action not arising out of contract, where the action is for injury to person or character, or for unlawfully taking, detaining, or converting property.
It is under this clause that the authority to arrest is claimed and in our opinion the claim is well founded.
Blackstone, in his Commentaries, and indeed all the elementary writers divide rights into two kinds,--such as concern or affect the person, called rights of person, and such as concern things, which are foreign to the person called rights of things. The class, rights of person, is sub-divided into rights of person absolute, being such as belong to one, individually and separately considered, and rights of person relative, being such as extend to one in relation to and connection with others. Under this classification of rights, criminal conversation and seduction are enumerated and treated of by the law writers as injuries to, and included within the class of, the relative rights of person of a husband and parent. 3 Blackstone, 138; 2 Kent., 1295; 1 Chitty's Pleading, 137.
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Tisdale v. Eubanks
...libel. The decided cases on the subject in this and other actions involving substantially the same principle are to like effect. Hoover v. Palmer, 80 N.C. 313; Riddle McFadden, 201 N.Y. 215, 91 N.E. 644; Times Democrat v. Mozee et al., 136 F. 761, 69 C. C. A. 418; Johnson v. Bradstreet Co.,......
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White v. Safe Deposit & Trust Co. of Baltimore
...U.S. 473, 24 S.Ct. 505, 48 L.Ed. 754; Delamater v. Russell, 4 How. Prac. (N. Y.) 234; Bedan v. Turney, 99 Cal. 653, 34 P. 442; Hoover v. Palmer, 80 N.C. 313; Hood Sudderth, 111 N.C. 215, 16 S.E. 397; Hutcherson v. Durden, 113 Ga. 988, 39 S.E. 495, 54 L. R. A. 811; Williams v. Williams, 20 C......
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Tisdale v. Eubanks
...decided cases on the subject in this and other actions involving substantially the same principle are to like effect. Hoover v. Palmer, 80 N. C. 313; Riddle v. McFadden, 201 N. T. 215, 91 N. E. 644; Times Democrat v. Mozee et al., 136 Fed. 761, 69 C. C. A. 418; Johnson v. Bradstreet Co., 87......
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May v. Wilson
...to the individual and not to his property.' Other cases holding to the same effect are: Garrison v. Burden, 40 Ala. 513;Hoover v. Palmer, 80 N. C. 313. As all the injuries complained of in this case, and which are usually complained of in cases of like kind, are personal to the plaintiff, w......