Newall v. Jenkins
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. ■ •* " '• This was an action on the case for a conspiracy by Samuel Newall against Caldwell C. Jenkins, Charles D. Freeman, Esq., and Robert W. Jones. Newall, the plaintiff, was married to the sister of Jenkins, one of the defendants. Jenkins was the administrator of his mother, and as such brought a suit against Newall to recover a debt due to the estate.
Read the full summary
Error to the District Court of Philadelphia. ■ •* " '• This was an action on the case for a conspiracy by Samuel Newall against Caldwell C. Jenkins, Charles D. Freeman, Esq., and Robert W. Jones. Newall, the plaintiff, was married to the sister of Jenkins, one of the defendants. Jenkins was the administrator of his mother, and as such brought a suit against Newall to recover a debt due to the estate. Newall alleged that Jenkins had in his possession a pass-book which showed the state of accounts, and was important evidence for him on the trial. He called upon Jenkins and demanded it from him.…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
This is an action on the case against the informer, the magistrate, and the constable, for a conspiracy in instituting and conducting a malicious prosecution. The plaintiff was non-suited on his own evidence, so that we know nothing about the case which the defendants Avould have shown. Taking the facts as presented by the plaintiff’s witnesses, we may very aycII say that there is evidence that there was ill-treatment, perhaps malicious treatment of the plaintiff by each of the parties. Rut that is not the question raised by the pleadings. It…
2Cited by3 opinions
- Ballantine v. CummingsSupreme Court of Pennsylvania · 1908
- Com. v. Benz., Com. v. RoutleySupreme Court of Pennsylvania · 1935
- Mason v. Clabby, Pennsylvania Court of Common Pleas, Philadelphia County1933