Legal Opinion

Ross v. Hudson

Superior Court of Pennsylvania

Decided February 19, 1898No. Appeal, No. 63PublishedCited by 6 opinions

Appeal, No. 63, Oct. T., 1897, by defendant, from judgment of C. P. Chester Co., Aug. T., 1896, No. 79, on verdict for plaintiff. Trespass for the unlawful issuing by the defendant, a justice of the peace, of a warrant for the arrest of the plaintiff and procuring his arrest and retention for nonpayment of tax. Before Waddell, P. J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $100. Defendant appealed.

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Appeal, No. 63, Oct. T., 1897, by defendant, from judgment of C. P. Chester Co., Aug. T., 1896, No. 79, on verdict for plaintiff. Trespass for the unlawful issuing by the defendant, a justice of the peace, of a warrant for the arrest of the plaintiff and procuring his arrest and retention for nonpayment of tax. Before Waddell, P. J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $100. Defendant appealed. Error assigned among others was in the answer to and disaffirmance of defendant’s first point, which point and answer are as follows: “ The…

1Opinion of the Court

Opinion by

Orlady, J.,

The defendant, a duly commissioned and acting justice of the peace, on complaint in writing of a collector of taxes, issued a warrant authorizing a constable named therein to levy "the amount of a tax assessed against the plaintiff the language of the writ being as follows: “ in case goods and chattels sufficient to satisfy the said tax with costs cannot be found, you are hereby authorized to take the body of the said J. W. Ross and convey him to the jail of the proper county, there to remain until the *554amount of said tax with, costs shall be paid or secured to be paid, or…

2Cases cited3 opinions

  1. McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
  2. Neall v. HartSupreme Court of Pennsylvania · 1887
  3. Wise v. WillsSupreme Court of Pennsylvania · 1828

3Cited by6 opinions

  1. Frahley v. Miller, Pennsylvania Court of Common Pleas, Lehigh County1922
  2. Hradil v. Tate, Pennsylvania Court of Common Pleas, Beaver County1951
  3. Kovachick v. Jennings, Pennsylvania Court of Common Pleas, Fayette County1964
  4. Scranton School District v. SmithSupreme Court of Pennsylvania · 1935
  5. Wanner v. Danner, Pennsylvania Court of Common Pleas, Lancaster County1921

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