State v. Whitaker

Decided September 15, 1890

Supreme Court of North Carolina · decided 1890-09-15

This was an Indictment for Forcible Trespass, tried before McCorEe, J., at November Term, 1890, of Surry Superior Court. After evidence offered by the State showing the facts relied upon to sustain the charge, the defendant introduced himself and one Simmons, a constable, each of whom testified that a warrant of attachment had been issued by a Justice of the Peace at the instance of the defendant as agent for Royster & Strudwick.

Good law ✅— No negative treatment on recordhow we know

Decided 1890-09-15

How this case has been cited

Cited by 4 later decisions — most recently April 1984

1 federal appellate · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Shepherd, J.:

¶1In the absence of some statutory provision to the contrary, this case is governed by State v. Armfield, 2 Hawks, 246. Jt was there decided that an officer cannot break open an outer door or window of a dwelling against the consent of the owner for the purpose of making a levy on the goods of the owner. This decision is referred to with approval in Sutton v. Allison, 2 Jones, 339.

¶2While such authority is given an officer in case of “claim and delivery” where property is concealed, we can find nothing in The Code which warrants such conduct in eases of attachment and execution.

¶3Affirmed.