Legal Opinion

Lipowicz v. Jervis

Supreme Court of Pennsylvania

Decided May 23, 1904No. Appeal, No. 124PublishedCited by 8 opinions

Appeal, No. 124, Jan. T., 1903, by plaintiff, from order of C. P. Lackawanna Co., May .T., 1901, No. 338, overruling exceptions to report of referee in case of Peter Lipowicz v. William Jervis. Exceptions to report of J. W. Carpenter, Esq., referee.

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Appeal, No. 124, Jan. T., 1903, by plaintiff, from order of C. P. Lackawanna Co., May .T., 1901, No. 338, overruling exceptions to report of referee in case of Peter Lipowicz v. William Jervis. Exceptions to report of J. W. Carpenter, Esq., referee. The referee’s findings of fact and conclusions of law were as follows: FINDINGS OF FACT. 1. Peter Lipowicz, the plaintiff, by an agreement in wiiting dated September 6, 1899, leased from the defendant, William Jervis, a building at No. 1837 North Main avenue, in the city of Scranton, and occupied it as a hotel. 2. The records of the court of…

1Opinion of the Court

Opinion by

Mb. Justice Mestrezat,

The defendant made an information before an alderman, charging the plaintiff, Lipowicz, with having sold liquors contrary to an ordinance of the city of Scranton. Lipowicz was arrested and taken before the alderman who, after a hearing, found him guilty of the crime with which he was charged. Subsequently, this suit for malicious prosecution was brought in which the plaintiff avers, as his cause of action, that Jervis, the defendant, appeared before an alderman of the city of Scranton and “ did falsely and maliciously and without probable cause, charge the…

2Cases cited3 opinions

  1. McClafferty v. PhilpSupreme Court of Pennsylvania · 1892
  2. Emerson v. CochranSupreme Court of Pennsylvania · 1886
  3. Beihofer v. LoeffertSupreme Court of Pennsylvania · 1893

3Cited by8 opinions

  1. Steadman v. TophamWyoming Supreme Court · 1959
  2. Roby v. SmithSupreme Court of Oklahoma · 1914
  3. Biggans v. Hajoca Corp.District Court, E.D. Pennsylvania · 1950
  4. Hugee v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1954
  5. Macdonald v. SchroederSuperior Court of Pennsylvania · 1905

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