Kerlin v. Heacock
Supreme Court of Pennsylvania
IN ERROR. THIS was an action of trespass- brought by Seacock the plaintiff below, against the defendants, for taking his goods on two executions. One of the defendants, Kerlin, was the justice of the peace who issued the executions, airother the constable who served them, and two others the plaintiffs in the executions. The defendants pleaded not ... . r ,, 1 “ guilty With leave to justify.”
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IN ERROR. THIS was an action of trespass- brought by Seacock the plaintiff below, against the defendants, for taking his goods on two executions. One of the defendants, Kerlin, was the justice of the peace who issued the executions, airother the constable who served them, and two others the plaintiffs in the executions. The defendants pleaded not ... . r ,, 1 “ guilty With leave to justify.” On the trial of the cause in the Common Pleas at Déla-. rvare county, the plaintiff gave the executions in evidence, and the defendants insisted that this evidence justified them, But the court declared…
1Opinion of the Court
Tilghman C. J.
after stating the case delivered his opinion as follows:
By the act of 21st March 1772,1 St. Laws 604., where an action is brought against a constable for any thing done in obedience to a justice’s warrant, it is necessary to make the justice a party to the suit; and the act directs, that “ on “ proof of the warrant the jury shall find for the constable, notwithstanding any defect of jurisdiction in the justice;” but it is not said expressly, whether the justification may be given in evidence on the plea of not guilty.
Cases have been cited to shew, that where several persons join…
2Cited by3 opinions
- Barr & Daugherty v. BoylesSupreme Court of Pennsylvania · 1880
- Peters v. UlmerSupreme Court of Pennsylvania · 1873
- Barbe v. Davis, Pennsylvania Court of Common Pleas, Philadelphia County1835