Blake v. Burke

Bowie, J., delivered the opinion of the Court. This appeal involves the right of a sheriff of one county, to take or receive from the sheriff of another county or city, without writ or other special authority in writing, from some judicial officer, a prisoner committed to custody, to be detained until discharged by due course of law. ⁴⁷ The appellant sued the appellee, (late sheriff of Baltimore County,) for seizing, forcing and compelling him to the jail of Baltimore County. 2nd. for, whilst sheriff of said county, and having charge of the jail thereof, having assaulted the appellant, and wrongfully seized and imprisoned him. To which, the appellee pleaded, that he did not commit the wrongs alleged ; and for a second, plea, ‘ ‘ that the plaintiff was arrested in the City of Baltimore, for violation of law, and incarcerated in the Baltimore City jail, and held hy the authorities of said city jail, for the authorities of Baltimore County, and as sheriff of Baltimore County, he received the plaintiff from the officer in charge of the said city jail, under the direction of the State’s attorney of Baltimore County, and lodged the plaintiff in the jail of Baltimore County, as he was required to do.” The appellant took issue on the first plea, and demurred to the second; in which demurrer, the defendant having joined, the same was overruled, and the parties proceeded to trial on the issues of fact, without withdrawing the demurrer. The appellant having offered evidence, tending to prove that the appellee, held the appellant in his custody as sheriff of Baltimore County, and held him under a commitment of a justice of the peace of Baltimore City, directed to the warden of Baltimore City jail; the appellee offered to prove that the appellee removed the appellant from the city jail to the county jail, by the direction of the State’s attorney of Baltimore County, to which evidence the appellant objected, but the Court overruled the objection and allowed the evidence to go to the jury, to which ruling and admission the appellant excepted, which forms the subject of the first exception.

The appellant having closed his case, the appellee offered to read the commitment of the justice of the peace and the endorsements thereon; to which the appellant ⁴⁸ objected; the Court overruled the objection and permitted the evidence offered to go to the jury; to which the appellant excepted, which forms the second exception. The appellee then proposed to give in evidence to the jury, a letter from the warden .of Baltimore City jail, to the State’s attorney for Baltimore County; and also proprosed to give in evidence, a conversation between the clerlr of the jail and the appellee, at the time of his receiving the appellant, but out of his presence and hearing; and also offered in.evidence a letter of the State’s attorney for Kent County to the warden of Baltimore City ; to the admission of each of which items of testimony, the appellant objected and the Court having overruled his objections, the appellant excepted, which constitute the subjects of the appellants third, fourth and fifth exceptions. The appellant then offered four prayers, and the appellee three. The Court rejected all the appellant’s prayers, and one of the appellee’s and granted two of the appellee’s ; which '’action of the Court is the subjects of the appellant’s sixth exception.

The prayers of the appellee, present propositions founded on the evidence offered by him and excepted to, and declare if the facts offered in evidence are found by the jury to be true, the appellant is not entitled to recover. The appellant’s prayers are the converse of the appellee’s, and virtually submit the same questions. The special plea of the appellee, which was sustained on demurrer, is a brief statement of the material facts, offered in evidence and referred to in the prayers ; so that in examining the question arising on the demurrer, we must necessarily, dispose of all that is material to be considered. The gist of the plea and of the evidence offered on the part of the defence was, that the plaintiff was arrested in the City of Baltimore for violation of law, and imprisoned in Baltimore City jail, and so held by the city authorities, for the authorized authorities of Baltimore County, and ⁴⁹ as sheriff of Baltimore County, the defendant received the appellant from the officer in