Whalen v. Gabell
Supreme Court of Pennsylvania
Error to the court of common pleas no. 4 oe Philadelphia county. . No. 298 January Term 1888, Sup. Ct.; court below, No. 47 September Term 1887, C. P. No. 4. On September 18,1887, an affidavit to bold the defendant to bail in $500 being filed, a writ of capias in trespass was issued in an action for slanderous words spoken, brought by Mrs. Mary Whalen against Mrs. Jacob Gabell. Both parties were married women.
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Error to the court of common pleas no. 4 oe Philadelphia county. . No. 298 January Term 1888, Sup. Ct.; court below, No. 47 September Term 1887, C. P. No. 4. On September 18,1887, an affidavit to bold the defendant to bail in $500 being filed, a writ of capias in trespass was issued in an action for slanderous words spoken, brought by Mrs. Mary Whalen against Mrs. Jacob Gabell. Both parties were married women. On September 29, 1887, the defendant entered a rule upon the plaintiff to show cause why the writ should not be quashed, and on October 6th another rule to show cause why defendant…
1Per curiam
It is not contended that before the act of 1887 a married woman could be arrested for a tort, but we cannot see that, in this particular, the old rule has been altered by that act. Whilst it is true, as stated by the learned counsel, that by force of that statute she may sue and be sued for torts in all respects as if she were a feme sole, yet this does not authorize her arrest, and this for the plain reason that suing and arresting are two things substantially different.
Judgment affirmed.
2Cited by3 opinions
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- Powell v. PerkinsSupreme Court of Pennsylvania · 1905
- Hess v. HeftSuperior Court of Pennsylvania · 1897