Farmer's Bank v. M'Kinney
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. John M’Kinney against the Farmer’s Bank of Reading. Action of trespass vi et amis. The Farmer’s Bank of Reading, having a claim against John M’Kinney, issued a capias against him requiring bail in 6000 dollars.
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ERROR to the common pleas of Dauphin county. John M’Kinney against the Farmer’s Bank of Reading. Action of trespass vi et amis. The Farmer’s Bank of Reading, having a claim against John M’Kinney, issued a capias against him requiring bail in 6000 dollars. The defendant was arrested and imprisoned until he was discharged on a writ of habeas corpus, on the ground that he was a freeholder, and not liable to arrest, under the act of 1724—5. The plaintiff below established the fact that he was a freeholder in the county of Susquehanna ; that his freehold was unincumbered ; and that he sustained…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The act of the 20th of March 1724—5, entitled “an act to regulate the practice upon writs of summons and arrest,” exempts, freeholders of a certain description from arrest in a *215civil action. In the third section it is declared, that if any freeholder exempted from arrest by virtue of the act shall happen to be taken by any writ, of arrest, the court where said writ is depending shall forthwith, upon the defendant’s notice, stay all further proceedings against him till they examine his circumstances ; and if they find he is such as by the act…
2Cases cited1 opinion
- Wallace Surv. Part. v. Fitzsimmons Sp. BailSupreme Court of the United States · 1788
3Cited by3 opinions
- Powell v. PerkinsSupreme Court of Pennsylvania · 1905
- Boyd v. SnyderSupreme Court of Pennsylvania · 1904
- Palmer v. Cotton, Pennsylvania Court of Common Pleas, Mercer County1940