Lake v. Shaw
Supreme Court of Pennsylvania
In Error. ERROR to the District Court of the city and county of a T-.t »j y », t • , of Philadelphia• Lake, the plaintiff below, brought an action on the case, against the defendant, who was one of the justices of the ° i»»- i r peace of the county of Philadelphia, to recover damages tor. alleged misconduct in his official capacity.
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In Error. ERROR to the District Court of the city and county of a T-.t »j y », t • , of Philadelphia• Lake, the plaintiff below, brought an action on the case, against the defendant, who was one of the justices of the ° i»»- i r peace of the county of Philadelphia, to recover damages tor. alleged misconduct in his official capacity. On the trial, the plaintiff offered in evidence a notice of the cause of action, directed to the defendant, and signed by the plaintiff, and indorsed inaorseu, “ Notice to John Shaw, Esquire. Henry Read, living in Poplar between Third and Fourth It was admitted by…
1Opinion of the Court
The opinion of the Court was delivered by i J
Gibson J.
# # The notice containing the cause of action was signed by the plaintiff, but served by a certain Henry Read, *518whose name was indorsed, but without stating, that he was either an agent, or attorney, of the plaintiff for the purpose of receiving a tender of amends. Henry Read was not an attorney at law, but a constable. This notice must be good, if at all, either as having been given by the party himself without the intervention of an agent; or as having been given by an agent. The plaintiff may, if he please, sue out the writ himself; but…
2Cases cited1 opinion
- Litle v. TolandSupreme Court of Pennsylvania · 1813
3Cited by1 opinion
- Wise v. WillsSupreme Court of Pennsylvania · 1828