Hill v. Egan
Supreme Court of Pennsylvania
Appeal, No. 392, Jan. T., 1893, by defendant, John J. Egan, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1891, No. 70, on verdict for plaintiff, Leopoldina Hill. Trespass for malicious prosecution. At the trial, it appeared that defendant procured a warrant of arrest against plaintiff for breach of the peace. Plaintiff was arrested, and, after hearing, was held in $500 bail to keep the peace.
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Appeal, No. 392, Jan. T., 1893, by defendant, John J. Egan, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1891, No. 70, on verdict for plaintiff, Leopoldina Hill. Trespass for malicious prosecution. At the trial, it appeared that defendant procured a warrant of arrest against plaintiff for breach of the peace. Plaintiff was arrested, and, after hearing, was held in $500 bail to keep the peace. After the hearing, defendant left the magistrate’s office, and subsequently plaintiff was discharged without being required to enter bail. The court charged in part as follows: “ [In this case it…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
According to the facts as they appear in the paper-books, the plaintiff was arrested upon a warrant issued at the instance of defendant, and on hearing before the magistrate was held to bail. After the hearing was thus ended and defendant had gone away, the plaintiff was discharged without the entry of the required bail. Whether this was done by the magistrate or by the police officers appears to have been left in doubt by the evidence, and the learned judge charged the jury that if it *122was an escape, by the compassion of the police, it was not a legal discharge,…
2Cases cited2 opinions
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3Cited by8 opinions
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- Harris v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
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