Goodman v. Condo
Superior Court of Pennsylvania
Appeal, No. 173, Oct. T., 1899, by defendants, from judgment of C. P. Centre Co., Aug. T., 1897, No. 219, on verdict for plaintiff. Trespass. Before Love, P. J. It appears from the record that this action was brought by plaintiff to recover the value of a house and buildings destroyed by defendants, as sheriffs, while endeavoring to arrest one, William R. Etlinger, who was under indictment for assault and battery.
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Appeal, No. 173, Oct. T., 1899, by defendants, from judgment of C. P. Centre Co., Aug. T., 1897, No. 219, on verdict for plaintiff. Trespass. Before Love, P. J. It appears from the record that this action was brought by plaintiff to recover the value of a house and buildings destroyed by defendants, as sheriffs, while endeavoring to arrest one, William R. Etlinger, who was under indictment for assault and battery. It appears from the evidence that a bench warrant was issued by the court of quarter sessions and sent to Constable Barner to bring Etlinger into court. Etlinger barred his house…
1Opinion of the Court
Opinion by
Beeber, J.,
The constable and an assistant went to the house occupied by one, William R. Etlinger, his wife and two young children, for the purpose of arresting him upon a bench warrant. After having informed him of their purpose to arrest him on a warrant they were refused admission, whereupon they broke down the outer door, entered the house, and found the entrance to the foot of the stairway leading to the second story, where Etlinger was, barred by a locked door. The constable broke out a panel of this door and attempted to pass through. Whilst doing so he was shot by Etlinger,…
2Cases cited3 opinions
- Respublica v. SparhawkSupreme Court of the United States · 1788
- Brooks v. CommonwealthSupreme Court of Pennsylvania · 1869
- Raush v. WardSupreme Court of Pennsylvania · 1863
3Cited by1 opinion
- Commonwealth v. MicusoSupreme Court of Pennsylvania · 1922