Fletcher v. Hooper

Brent, J., delivered the opinion of the Court. It appears that the storehouse of the appellant, in the town of East New Market, Dorchester county, was broken into, in May, 1866, and an iron safe therein, belonging to him, robbed of a large amount of coin and United States compound interest bearing notes, and of one United States bond. William H. Hooper, one of the appellees, is charged with the robbery. Some time after it occurred he was arrested therefor, and placed in jail.' Before he was brought to trial he succeeded in escaping, and has not since been heard of.

At the time of his arrest he had about his person several hundred dollars, which was taken charge of by the sheriff, Mobray, the other appellee, and is still, with the exception of about thirty dollars, in his possession. He also owns some real estate in Dorchester county, and this, as well as the money in the hands of the sheriff, it is sought to reach through the intervention of a Court of Equity. ²¹³ The bill was dismissed by the Court below for the want of jurisdiction, and from their order of dismissal the present appeal was brought up. If the money and United States bond mentioned in the bill were taken by Hooper, as charged, we think there is no doubt of his liability in a civil action to the appellant. This liability is secured by the latter part of section 192, Article 30,1 Code, 250, which provides: “ But nothing herein contained shall be construed to deprive the party injured from having and maintaining a civil action against such offender, either before or after conviction, or against any other persons, for the recovery of the money received or property taken, or the value thereof.” Courts of Law, however, and not equity, are the proper tribunals in which actions for