Morch v. Raubitschek
Supreme Court of Pennsylvania
Certiorari, No. 157, Jan. T., 1894, by plaintiff, Jacob Morch, from order of C. P. No. 3, Phila. Co., Sept. T., 1893, No. 150, discharging defendant, Adolph Raubitschek, from custody on warrant of arrest under act of 1842. Assumpsit. Warrant of arrest under act of 1842. The facts appear by the opinion of the Supreme Court. Errors assigned were (1) discharge of defendant; (2) non-commitment of defendant; (3) to jurisdiction.
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This certiorari, directed to two of the judges of Common Pleas No. 3, Phila. Co., brings before us for review proceedings which were had under the warrant for arrest issued in the above entitled case by the Honorable James Gay Gordon, one of said judges, under the act of July 12, 1842, P. L. 339, after judgment had been entered against the defendant for want of an affidavit of defence.
The right of a plaintiff, at whose instance sucli warrant has been issued, to have the proceedings reviewed here, has been too often recognized to be doubted: Gosline v.…
2Cases cited5 opinions
- Gosline v. PlaceSupreme Court of Pennsylvania · 1859
- Grieb v. KuttnerSupreme Court of Pennsylvania · 1890
- Hutchinson v. Merchants' & Mechanics' Bank of WheelingSupreme Court of Pennsylvania · 1861
- Berger v. Smull & SonsSupreme Court of Pennsylvania · 1861
- Wm. R. Hart & Co. v. CooperSupreme Court of Pennsylvania · 1889
3Cited by9 opinions
- Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
- V. J. R. Bar Corp. v. Commonwealth, Liquor Control BoardSupreme Court of Pennsylvania · 1978
- Commonwealth v. McMenamin (Et Al.)Superior Court of Pennsylvania · 1936
- Barach's CaseSupreme Court of Pennsylvania · 1924
- Ciampa v. City of ChicagoAppellate Court of Illinois · 1973
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