Phœnix Press v. MacKenzie
Superior Court of Pennsylvania
Appeal, No. 113, Oct. T., 1906, by plaintiff, from order of C. P. No. 1, Phila. Co., Dec. T., 1905, No. 4,854, quashing a warrant of arrest in case of The Phoenix Press to use of Central Saving & Trust Company v. Robert H. M. MacKenzie. Warrant of arrest under act of 1842. The opinion of the Superior Court states the case. Error assigned was order quashing the warrant of arrest and discharging defendant.
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal by the plaintiff from the order of a judge of the common pleas quashing a warrant of arrest issued under the act of 1842, and discharging the defendant. This order was based, not on any alleged defect, irregularity or informality in the affidavit or warrant, but on the judge’s conclusion from the evidence adduced at the hearing that the allegation upon which the warrant of arrest was obtained, namely, that the debt was fraudulently contracted by the defendant, was not sustained. The greater portion of the argument is directed to an attempt to show that…
2Cases cited6 opinions
- Gosline v. PlaceSupreme Court of Pennsylvania · 1859
- Grieb v. KuttnerSupreme Court of Pennsylvania · 1890
- Berger v. Smull & SonsSupreme Court of Pennsylvania · 1861
- Wm. R. Hart & Co. v. CooperSupreme Court of Pennsylvania · 1889
- Miller v. SummersSuperior Court of Pennsylvania · 1900
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