Hess v. Heft
Superior Court of Pennsylvania
Appeal, No. 152, Nov. T., 1896, by Victoria R. Heft, defendant, from judgment of C. P. Chester Co., Jan. Term, 1896, No. 86, on verdict for plaintiff. Trespass for malicious prosecution. Before Waddell, P. J. This and the following cases were actions of trespass in the court below to recover damages for alleged malicious prosecutions.
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Appeal, No. 152, Nov. T., 1896, by Victoria R. Heft, defendant, from judgment of C. P. Chester Co., Jan. Term, 1896, No. 86, on verdict for plaintiff. Trespass for malicious prosecution. Before Waddell, P. J. This and the following cases were actions of trespass in the court below to recover damages for alleged malicious prosecutions. Jacob D. Heft and Victoria R. Heft caused Levi Hess to be arrested for stealing chickens and Samuel and Ambrose Slichter for béing accessories after the fact. The evidence was uncontradicted that every step taken in the proceedings by the wife, Victoria R. Heft,…
1Opinion of the Court
Opinion by
Smith, J.,
It is not material whether the injury set forth in this action was a malicious prosecution or a false imprisonment. In practice, the distinction between these torts has related to the form of the action, and this distinction is abolished by the procedure act of 1887.
The liability of the defendant for the wrong here complained of is to be tested by certain well settled principles. At common law, the husband was liable for the torts of his wife, whether committed before or during coverture. For a tort in which the' wife took an independent part, the husband and wife were…
2Cases cited5 opinions
- Wheeler & Wilson Manufacturing Co. v. HeilSupreme Court of Pennsylvania · 1887
- Quick v. MillerSupreme Court of Pennsylvania · 1883
- Appeal of Franklin's AdministratorSupreme Court of Pennsylvania · 1886
- Vocht v. KuklenceSupreme Court of Pennsylvania · 1888
- Whalen v. GabellSupreme Court of Pennsylvania · 1888
3Cited by3 opinions
- Wollaston v. ParkSuperior Court of Pennsylvania · 1911
- Fendall v. EckertSuperior Court of Pennsylvania · 1926
- Bentel v. Strickler, Pennsylvania Court of Common Pleas, Beaver County1926