Barhight v. Tammany
Supreme Court of Pennsylvania
Appeal, No. 300, Jan. T., 1893, by-defendant, Charles W. Tammany, from judgment of C. P. Luzerne Co., Dec. T., 1890, No. 406, on verdict for plaintiff, Lucinda C. Barhight. Trespass for malicious prosecution. Before Woodward, J. At the trial it appeared that, on Dec. 30,1889, defendant had plaintiff arrested on the charge of the larceny of a cupboard and twenty-five yards of carpet.
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Appeal, No. 300, Jan. T., 1893, by-defendant, Charles W. Tammany, from judgment of C. P. Luzerne Co., Dec. T., 1890, No. 406, on verdict for plaintiff, Lucinda C. Barhight. Trespass for malicious prosecution. Before Woodward, J. At the trial it appeared that, on Dec. 30,1889, defendant had plaintiff arrested on the charge of the larceny of a cupboard and twenty-five yards of carpet. It appeared that defendant was in the furniture business, and in July, 1888, delivered the property in question to plaintiff’s daughter under an agreement in writing designated a lease. The lease contained the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
On the 30th of, December, 1889, Charles W. Tammany, appellant, made an information before an alderman of the city of Wilkes-Barre, in which he charged Lucinda Barhight, appellee, with the larceny of certain property belonging to him, to wit: “ one cupboard and about twenty-five yards of carpet of the value of about thirty dollars.”, A warrant was issued on which the appellee was arrested and brought before the magistrate the same day. As the appellant was not present the hearing was postponed and the appellee committed to the county prison, where she was…
2Cases cited2 opinions
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