Respublica v. Keeper of the gaol of Philadelphia
Supreme Court of Pennsylvania
Philip Martz and Mary Eva his wife, were brought before the court, by a writ of habeas corpora. Return w~as made thereto, that they were confined by mesne process, issued out of the Court of Common Pleas of the county of Philadelphia, at the suit of Pratt and Kintzing.
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Philip Martz and Mary Eva his wife, were brought before the court, by a writ of habeas corpora. Return w~as made thereto, that they were confined by mesne process, issued out of the Court of Common Pleas of the county of Philadelphia, at the suit of Pratt and Kintzing. It appeared that Martz and his wife had entered into an indenture at Bremen on the 21st May 1798 as servants to captain Samuel Mackey, to serve until 150 dollars were paid for their passages; at the expiration of their servitude, they became entitled to two suits of clothes, one of them to be new. Mr. J. B. M’Kean their counsel…
1Opinion of the Court
By the court.
Martz and his wife oughthonestly to comply with their contract, and come with an ill grace before us. Another objection occurs, which has great weight. We have no jurisdiction in this summary mode to discharge either the husband or wife arrested by process out of the Common Pleas, and they must therefore be remanded.
2Cited by1 opinion
- Commonwealth ex rel. Davis v. LeckySupreme Court of Pennsylvania · 1832