Maher v. Ashmead
Supreme Court of Pennsylvania
Certificate from the Court of Nisi Prius. This was an action of the case brought originally by Catharine Strong, who afterwards intermarried with Nicholas Maher, against Dr. William Ashmead and Catharine Strong, for an alleged malicious prosecution. The first three counts of the declaration were in case, for malicious prosecution, the fourth, for conspiracy to injure the plaintiff, by the means set forth in the former counts.
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Certificate from the Court of Nisi Prius. This was an action of the case brought originally by Catharine Strong, who afterwards intermarried with Nicholas Maher, against Dr. William Ashmead and Catharine Strong, for an alleged malicious prosecution. The first three counts of the declaration were in case, for malicious prosecution, the fourth, for conspiracy to injure the plaintiff, by the means set forth in the former counts. On the 18th January 1853, the defendants caused a warrant to be issued-by Alderman Elkinton, of the city of Philadelphia, charging Catharine Strong, the plaintiff, “with…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.
— This action ought to have been trespass. The warrant was not a nullity only, but an absurdity. It charged the defendant “ with absconding, or about to abscond, from the city,” with moneys belonging to a certain estate “ with intent to defraud heirs” — an improper act, but not obnoxious to the criminal law. The alderman could do nothing but discharge the party arrested. In-appealing to the court for redress she mistook her remedy. *346Case was not the proper form of action. The arrest was not an abuse of lawful process. It was an act committed…
2Cited by6 opinions
- Nelson v. HillNew Mexico Supreme Court · 1924
- Boyd v. SnyderSupreme Court of Pennsylvania · 1904
- County of Sullivan v. MiddendorfSuperior Court of Pennsylvania · 1898
- Schwatka v. DavidsonSuperior Court of Pennsylvania · 1918
- Cowen v. Kuich, Pennsylvania Court of Common Pleas, Bucks County1940
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