Legal Opinion

Matz v. Haug

Superior Court of Pennsylvania

Decided April 18, 1923No. Appeal, No. 94PublishedCited by 6 opinions

Appeal, No. 94, Oct. T., 1923, by defendant, from decree of O. P. Berks County, Aug. T., 1921, No. 47, discharging rule to show cause why defendant should not be discharged from arrest on capias ad satisfaciendum in the case of Cecilia W. Matz v. Ella Haug, appellant. Rule to show cause why one arrested on a civil process should not be discharged. Before Wagner, J. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed.

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Appeal, No. 94, Oct. T., 1923, by defendant, from decree of O. P. Berks County, Aug. T., 1921, No. 47, discharging rule to show cause why defendant should not be discharged from arrest on capias ad satisfaciendum in the case of Cecilia W. Matz v. Ella Haug, appellant. Rule to show cause why one arrested on a civil process should not be discharged. Before Wagner, J. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Trexler, J.,

The plaintiff obtained judgment against the defendant in an action for crim. con. and issued a capias where*584upon the defendant presented her petition under the Act of June 1, 1915, P. L. 704, praying for her discharge from arrest. After the hearing provided by said act the court refused to discharge the defendant; hence this appeal. The Act of June 1, 1915, P. L. 704, section 4, directs “Upon the hearing of the rule the petitioner shall be required to answer all questions put to him, and shall produce all books and papers required of him; and if it shall appear to the…

2Cases cited1 opinion

  1. In re OstrowskeSuperior Court of Pennsylvania · 1922

3Cited by6 opinions

  1. Miller's PetitionSuperior Court of Pennsylvania · 1935
  2. Young's PetitionSupreme Court of Pennsylvania · 1937
  3. Kubit v. WittSuperior Court of Pennsylvania · 1937
  4. Commonwealth v. Everett, Pennsylvania Court of Common Pleas, Northampton County1930
  5. McCormick's Petition, Pennsylvania Court of Common Pleas, Beaver County1946

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