{
  "id": 6754194,
  "name": "Executors of CRUMPLER against GLISSON",
  "name_abbreviation": "Executors of Crumpler v. Glisson",
  "decision_date": "1817-01",
  "docket_number": "",
  "first_page": "79",
  "last_page": "79",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Taylor 79"
    },
    {
      "type": "official",
      "cite": "4 N.C. 79"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 119,
    "char_count": 1265,
    "ocr_confidence": 0.593,
    "sha256": "e376c12ea93255e12161e62b27931556e252c3020ce72c90195cd01077909f39",
    "simhash": "1:cd3b94585f8f4da5",
    "word_count": 236
  },
  "last_updated": "2023-07-14T18:53:33.045765+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Executors of CRUMPLER against GLISSON."
    ],
    "opinions": [
      {
        "text": "Daniel, J.\ndelivered the Opinion of the Court :\nOn mesne process the Sheriff may, but is not obliged to raise the posse. It cannot be presumed, that where the party is bailable, the writ will be resisted ; but if it is resisted, and the Sheriff kept off by force of arms, we cannot think he is liable to the Plaintiff;!because he had not ' , , , , , the posse comitatus, at his back\nNew Trial refused.\n1 Stra. 433, 434",
        "type": "majority",
        "author": "Daniel, J."
      }
    ],
    "attorneys": [
      "M\u2018 Millan, for the Defendant."
    ],
    "corrections": "",
    "head_matter": "Executors of CRUMPLER against GLISSON.\nThat \u215b\u00ab force of arm% is \u00ab. g*ood return upon pi\u2019\u00b0'\nAN Action on the Case was brought against the Defendant, Sheriff of Duplin county, for the following turn made on a writ of capias ad respondendum, which ' was put into his hands at the suit of the Plaintiff against one Beck-. \u201cNot executed. The Sheriff was kept off by force of arms.\u201d\nA verdict was found for\u2018the Defendant, and a motion for a New Trial made on the part of the Plaintiff.\nM\u2018 Millan, for the Defendant.\nIt has long since been settled, that where the arrest is upon mesne process, and not upon execution, the Sheriff is not bound to take the fosse comitatus, and therefore upon such process it is a good return to return the rescue. He is not obliged to raise the posse on mesne process, though he may do it.\nCro. Jac. 419.\nCro. Eliz. 868."
  },
  "file_name": "0079-01",
  "first_page_order": 81,
  "last_page_order": 81
}