Legal Opinion

Tams v. Lewis

Supreme Court of Pennsylvania

Decided April 26, 1862PublishedCited by 11 opinions

Error to the District Court of Philadelphia. This was an action on the case for a conspiracy, brought, October 4th 1856, by Saunders Lewis, trustee of James Tams, against' William Tams and John Tams; but the writ was not served on William Tams, by whom the action was defended.

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Error to the District Court of Philadelphia. This was an action on the case for a conspiracy, brought, October 4th 1856, by Saunders Lewis, trustee of James Tams, against' William Tams and John Tams; but the writ was not served on William Tams, by whom the action was defended. The declaration contained three counts, and charged that the defendants, in pursuance of a fraudulent conspiracy, had secreted, assigned, and transferred to persons unknown, the goods and chattels of John Tams, and thereby fraudulently preventing the plaintiff from having execution thereof, upon a judgment which' he had…

1Opinion of the Court

The opinion of the court was delivered, April 26th 1862, by

Strong, J.

This was an action of trespass on the case, in the nature of a writ of conspiracy, and the tortious overt act averred in the declaration was, that John Tams and William Tams, in pursuance of a fraudulent conspiracy, had secreted, assigned, and transferred, to unknown persons, the goods and chattels of the former, and thereby fraudulently prevented the plaintiff from having execution thereof, upon a judgment which he had recovered against the said John Tams and one Edwin Tams. Only William Tams was summoned, and the case was…

2Cases cited1 opinion

  1. Hibshman v. DullebanSupreme Court of Pennsylvania · 1835

3Cited by11 opinions

  1. Schwan v. KellySupreme Court of Pennsylvania · 1896
  2. Brenner v. LesherSupreme Court of Pennsylvania · 1938
  3. Haefele v. DavisSupreme Court of Pennsylvania · 1960
  4. Wright v. WeberSuperior Court of Pennsylvania · 1901
  5. Sheble v. Strong, Pennsylvania Court of Common Pleas, Luzerne County1889

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