Williams v. Thweatt

Court of Appeals of South Carolina

Williams v. Thweatt

46 S.C.L. 478

DecidedJanuary 15, 1860

StatusPublished

This text of 46 S.C.L. 478 (Williams v. Thweatt) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. Thweatt, 46 S.C.L. 478 (S.C. Ct. App. 1860).

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Opinion

Curia, per ONeall, C. J.

We concur in the ruling of the Judge below ; the verdict of the jury in conformity to the same is right.

The governor offered the reward for the apprehension and delivery of Moses, a fugitive slave charged with a felony, to the jail of Charleston district. The plaintiff apprehended him and delivered him to the constable, the defendant, who took him before a magistrate, obtained his warrant, and then committed him to the jail of Charleston district. The governor’s reward was thus earned — by whom ? Surely by the plaintiff: for he apprehended the fugitive and placed him in the custody of a legal officer, whose duty was to lodge him in the jail, and which he did do.

The ground taken in the appeal has not been pressed, but a new position has been assumed, to wit, that the constable, the defendant, was entitled jointly with the plaintiff. I cannot perceive any ground for such a claim. He had nothing to do with the apprehension. The slave was delivered to him, as a public officer, to convey to the jail. He did this : but in doing it he must be regarded as discharging a public duty, for which he is paid in his fees of office. The motion is dismissed.

Johnston and Wardlaw, JJ., concurred.

Motion dismissed.

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Curia, per ONeall, C. J.

We concur in the ruling of the Judge below ; the verdict of the jury in conformity to the same is right.

The governor offered the reward for the apprehension and delivery of Moses, a fugitive slave charged with a felony, to the jail of Charleston district. The plaintiff apprehended him and delivered him to the constable, the defendant, who took him before a magistrate, obtained his warrant, and then committed him to the jail of Charleston district. The governor’s reward was thus earned — by whom ? Surely by the plaintiff: for he apprehended the fugitive and placed him in the custody of a legal officer, whose duty was to lodge him in the jail, and which he did do.

The ground taken in the appeal has not been pressed, but a new position has been assumed, to wit, that the constable, the defendant, was entitled jointly with the plaintiff. I cannot perceive any ground for such a claim. He had nothing to do with the apprehension. The slave was delivered to him, as a public officer, to convey to the jail. He did this : but in doing it he must be regarded as discharging a public duty, for which he is paid in his fees of office. The motion is dismissed.

Johnston and Wardlaw, JJ., concurred.

Motion dismissed.

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Bluebook (online)

46 S.C.L. 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-thweatt-scctapp-1860.