40 S.C. 507 | S.C. | 1894
The opinion of the court was delivered by
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 by the sheriff to his deputy, the codefendant, Hurst, to be executed, and the plaintiff was by him arrested. But when the plaintiff was brought to the court house, 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 iu 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:
“State of South Carolina, )
County of Sumter. j
By G. G. 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 I. S. Arrants, that at the farm of Murray Davis, in the county and State aforesaid, on the 6th and the 18th days of January, 1898, one Murray Davis and Lafayette Davis and Joshua Davis did resist I. S. 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 Justice [l. s.]”
“The State of South Carolina, County of Sumter.
“The State vs. Murray Davis, Lafayette Davis, Joshua Davis. Arrest warrant. Offence, resisting an officer.
C. C. Manning, Trial Justice.
Date Jan. 27th, 1898. Officer Sheriff.”
The defendants in their answer pleaded justification, relying on the paper copied above as their authority for making the arrest.
The Circuit Judge charged the jury that while it had been decided long ago (State v. Vaugh, Harp., 313,) that a warrant need not be under seal, yet it must be in writing, and signed by the officer issuing; but he instructed the jury that the warrant set up in this case, having the name of the trial justice written by himself in the body of the warrant, and in the endorsement made thereon, was a sufficient signing to make it a legal warrant, aud sufficient to justify the defendants in making the arrest; and he, therefore, directed a verdict in favor of defendants. From the judgment entered upon such verdict the plaintiff appeals upon the several grounds set out in the record, which really make the single question, whether there was error in the instruction given to the jury, that this warrant was sufficiently signed to make it a legal warrant, and justify the arrest.
Now, even if this principle could with any propriety be applied to a case like this, it could not avail the defendants, for it is abundantly shown by the testimony of the trial justice himself, that when he wrote his name in the body of the warrant and in the endorsement, he did not intend that as his signature to the warrant, but, on the contrary, that he intended to sign the warrant in the usual place, at the foot, and was under the impression that he had done so; but when he had reached the attesting clause, in the preparation of the warrant, he was interrux>ted by other duties, and when he returned, being under the impression that he had signed the warrant, he folded it up, made the endorsements on it, and handed it to
It is due, however, to the defendants, who were acting as public officers, to say that we find nothing in the case eveu tending to show that they were guilty of any harsh or even rude conduct in making the arrest, or subjected the plaintiff to any ill usage after the arrest. On the contrary, they seem to have been entirely innocent of any intentional wrong. While, therefore, we would have been glad to relieve them, we cannot do so consistently with our views of the law.
The judgment of this court is, that the judgment of the Circuit Court be reversed, and that the case be remanded to that court for a new trial.