Stout v. . Woody

63 N.C. 37

• Court: Supreme Court of North Carolina
• Decided: June 5, 1868
• Status: Published

Opinion

Read®, J.

The evidence is given in detail on both sides; the charge of the Judge is given in full; there is no exception on either side; the verdict is for the plaintiff, and the defendant has appealed.

This is an unusual way of presenting a case to this Court. It ought to have been presented upon exceptions to the evidence or to the charge of his Honor, specifying the errors complained of.

Under our statute, Rev. Code, c. 5, s. 1, if a father desert his family, and be absent for the term of one year, leaving them without sufficient support, his children may be bound out as apprentices.' There was evidence tending to show that such was the case here.

The boy was bound to the plaintiff by the County Court, and during his term of service the defendant seduced him away and employed him for eighteen months. For the value of his services during this time the suit is brought.

It is well settled that the master of an apprentice may recover the value of the services of the apprentice from any one who may harbor or employ him.

There is no error.

Pee Cueiam. Judgment affirmed.