Mayer v. Walter
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 203, to January Term 1870. This was an action on the case for malicious abuse of legal process, brought March 28th 1868, by George Mayer against John Walter. Mayer was the tenant of Walter. On the 13th of September 1866 Walter commenced proceedings against Mayer to obtain possession of the leased premises, and on the 24th judgment was rendered in favor of Walter. On the 5th of October Mayer sued out a certiorari.
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Error to the District Court of Philadelphia: No. 203, to January Term 1870. This was an action on the case for malicious abuse of legal process, brought March 28th 1868, by George Mayer against John Walter. Mayer was the tenant of Walter. On the 13th of September 1866 Walter commenced proceedings against Mayer to obtain possession of the leased premises, and on the 24th judgment was rendered in favor of Walter. On the 5th of October Mayer sued out a certiorari. On the 29th of November, Walter was put into possession under a writ of possession. On the 10th of December, the Court of Common…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— There is a distinction between a malicious use and a malicious abuse of legal process. An abuse is where the party employs it for some unlawful object, not the purpose which *286it is intended by the law to effect; in other words, a perversion of it. Thus, if a man is arrested, or his goods seized in order to extort money from him, even though it be to pay a just claim other than that in suit, or to compel him to give up possession of a deed or other thing of value, not the legal object of the process, it is settled that in an action for…
2Cases cited4 opinions
- Gibbs v. BartlettSupreme Court of Pennsylvania · 1841
- Herman v. BrookerhoffSupreme Court of Pennsylvania · 1839
- Kramer v. StockSupreme Court of Pennsylvania · 1840
- Clark v. EverettSupreme Court of Pennsylvania · 1854
3Cited by94 opinions
- Robert F. Jennings v. Arthur Shuman, Jr., Robert J. Conway, Gustave Naring, and John DoeCourt of Appeals for the Third Circuit · 1977
- General Refractories Company Grefco, Inc. v. Fireman's Fund Insurance Company Gilberg & Kiernan Andrew Butz General Refractories CompanyCourt of Appeals for the Third Circuit · 2003
- Rosen v. American Bank of RollaSuperior Court of Pennsylvania · 1993
- McGee v. FeegeSupreme Court of Pennsylvania · 1987
- Publix Drug Co. v. Breyer Ice Cream Co.Supreme Court of Pennsylvania · 1943
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