Legal Opinion

Winder v. Smith

Supreme Court of Pennsylvania

Decided December 15, 1843PublishedCited by 3 opinions

ERROR to the District Court for the city and county of Philadelphia, in which J. and K. Smith brought an action of debt against Winder and M’Lanahan, and declared as follows : “ William H. Winder and Johnston M’Lanahan were summoned to answer John K. Smith and George K. Smith, of a plea that they render unto them the sum of $2500, which to them they owe and from them unjustly detain.

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ERROR to the District Court for the city and county of Philadelphia, in which J. and K. Smith brought an action of debt against Winder and M’Lanahan, and declared as follows : “ William H. Winder and Johnston M’Lanahan were summoned to answer John K. Smith and George K. Smith, of a plea that they render unto them the sum of $2500, which to them they owe and from them unjustly detain. And thereupon the plaintiffs, by their attorney, complain for that whereas the said defendants heretofore, to wit, on the 21st day of May 1841, at the county aforesaid, in and by their certain writing obligatory…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

There is one view of this case which relieves us from considering it in any other. There can be no duress from mere imprisonment when it is lawful; and an arrest like the present was held to be unlawful in Allison v. Rheam, only because the capias ad satisfaciendum was prohibited under the circumstances, and consequently void. On that ground and no other was the defendant held liable in an action of trespass for false imprisonment. The statute now in force, or that which was in force at the time of the arrest now in question, does not…

2Cited by3 opinions

  1. Stout v. QuinnSuperior Court of Pennsylvania · 1899
  2. Edmonds v. Cooper, Pennsylvania Court of Common Pleas, Philadelphia County1928
  3. Majeski v. Duzinski, Pennsylvania Court of Common Pleas, Philadelphia County1924

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