Gosline v. Place
Supreme Court of Pennsylvania
Certiorari to the Hon. William Merrifield, one of the associate judges of Luzerne county. This was an action of assumpsit by U. M. & W. H. Place against James M. G-osline, on a book account, for goods sold and delivered.
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Certiorari to the Hon. William Merrifield, one of the associate judges of Luzerne county. This was an action of assumpsit by U. M. & W. H. Place against James M. G-osline, on a book account, for goods sold and delivered. The summons was issued on the 31st March 1858, and on the following day, the plaintiffs applied to Judge Merrifield for a warrant of arrest against the defendant, under the Act 12th Jnly 1842. The following is a copy of the affidavit on which the warrant was granted:— Luzerne County, ss. Personally appeared before me, one of the associate judges of said county, U. M. Place,…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J. —
This is a ease of certiorari to review the proceedings of an associate judge of the Common Pleas of Luzerne county, on an arrest under the Act of 1842 abolishing imprison*526ment for debt. The defendant, Gosline, was, on hearing, committed to prison ; and we are to inquire whether or not the proceedings are regular, and show sufficient cause for his detention.
In order to obtain a proper*position for interpreting the act in question, we must recall the state of the law which it was intended to correct. It had long been the law, that the…
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