U.S. Circuit Court for the District of North Carolina, 1793

Anonymous

U.S. Circuit Court for the District of North Carolina · Decided July 1, 1793 · Jones, Whitlock

1 N.C. 184

Opinion of the Court

Jones, J. and Whitlock, J.

The prisoner is all edged to be in custodia of the sheriff, and they rescued him out of it; it is unnecessary to mention the warrant. The mentioning the bailiffs is surplusage and idle.

Rolls. Then the rescous is not well returned; for the battery of the bailiffs is alledged vi et armis; and if this be surplusage, the rescous is not returned to have been vi et armis.

Jones, J. One may rescue himself. A rescue may be returned without the words vi et armis.

Rolls. Begging your pardon: I think not. Adjournatur, intratum U. 22. Jac. rot. 102.

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