Powell v. Perkins
Supreme Court of Pennsylvania
Appeal, No. 156, Jan. T., 1904, by plaintiffs, from order of C. P. No. 5, Phila. Co., Sept. T., 1903, No. 3229, quashing a writ of capias ad respondendum in case of Robert Hare Powell and John Hare Powell, by his father and next friend, v. Mary Paul and Polly Perkins. Trespass to recover damages for assault and battery.
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Appeal, No. 156, Jan. T., 1904, by plaintiffs, from order of C. P. No. 5, Phila. Co., Sept. T., 1903, No. 3229, quashing a writ of capias ad respondendum in case of Robert Hare Powell and John Hare Powell, by his father and next friend, v. Mary Paul and Polly Perkins. Trespass to recover damages for assault and battery. Before Ralston, J. In addition to the facts stated in the opinion of the Supreme Court, it appeared that Mr. Perkins was led to enter bail for his daughter by reason of the following letter : “ Philadelphia, November 7th, 1903. “ Robert Hare Powell et al., v. Polly Perkins. “…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
This was an action of trespass, commenced by capias ad respondendum, against Mary Paul and Polly Perkins, two minors, to recover damages for an alleged assault and battery. No service was made on either of the defendants. On the suggestion of plaintiffs’ counsel, Charles P. Perkins entered bail for his daughter, Polly Perkins. Subsequently, Polly Perkins, “by her next friend, Charles P. Perkins,” obtained a rule to quash the capias issued against her, alleging, inter alia, in her affidavit in support of the rule the following: “ That she has been unlawfully…
2Cases cited4 opinions
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- Farmer's Bank v. M'KinneySupreme Court of Pennsylvania · 1838
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- Whalen v. GabellSupreme Court of Pennsylvania · 1888
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- First National Bank & Trust Co. v. Anderson, Pennsylvania Court of Common Pleas, Somerset County1977
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