Conyers v. Rhame

Decided December 15, 1857

Court of Appeals of South Carolina · decided 1857-12-15

BEFORE WITHERS, J., AT SUMTER, EXTRA, JUNE TERM, 1857. Tbe report of bis Honor, tbe presiding Judge, is as follows: “ Tbe defendant bad been sheriff and was sued by tbe 'plaintiff, in case, for tbe voluntary escape of one Ellerbe H. Jones, sued by tbis plaintiff, bis bail process being issued upon a promissory note for nine hundred dollars. “ His writ was lodged 21st October, 1854, and was regular as bail process.

Cited by 1 later decisions — most recently October 1999

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Decided 1857-12-15

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¶1The opinion of the Court was delivered by

O’Neall, J.

¶2I concur fully in the ruling of the judge below. The defendant had neither the body nor the bail bond of the defendant at the return term of the writ. Cook vs. Irving, 4 Strob. 204. This was an escape: and that it was voluntary, was conclusively shown by the fact, that the prisoner was out of his custody by his assent. When these facts were proved, it was the duty of the judge to tell the jury, as he did, that it was a voluntary escape. If he had left the facts to the jury, and they had found, as for- a negligent escape, we would have set the verdict aside on the motion of the plaintiff, as palpably against the evidence. I therefore conclude, that the defendant can take nothing by his motion; which is dismissed.

¶3Motion dismissed.

Withers, Whither, Glover and MuNRO, JJ., concurred.