Hopkinson v. Leeds
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of July Term 1873, No. 43. This was an action of debt, commenced October 17th 1871, by Thomas B. Hopkinson, Edward A. Foggo and Anne H. his wife in her right, Alden 0. Scovel and Emily his wife in her right against William R. Leeds. . The cause of action was that the defendant, who was sheriff of Philadelphia, had permitted the escape of one P. F. Cooper, whom he had arrested under a capias ad satisfaciendum issued by the…
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Error to the District Court of Philadelphia: Of July Term 1873, No. 43. This was an action of debt, commenced October 17th 1871, by Thomas B. Hopkinson, Edward A. Foggo and Anne H. his wife in her right, Alden 0. Scovel and Emily his wife in her right against William R. Leeds. . The cause of action was that the defendant, who was sheriff of Philadelphia, had permitted the escape of one P. F. Cooper, whom he had arrested under a capias ad satisfaciendum issued by the plaintiffs. On the trial, December 9th 1872,, before Briggs, J., the plaintiffs gave in evidence a writ of capias ad…
1Opinion of the CourtJustice Williams
This was an action of debt, for an escape of the plaintiffs’ debtor, after his arrest by the sheriff upon a writ of capias ad satisfaciendum. On the trial, a judgment of non-suit was entered against the plaintiffs, and the court in banc refused to set it aside. If there was no sufficient evidence to maintain the action, the judgment of non-suit was rightly entered; otherwise the case should have been submitted to the jury with the proper instructions. It appeared from the debtor’s own testimony, that he was permitted by the sheriff’s deputies, upon presenting himself at the sheriff’s office…
2Cases cited1 opinion
- Scott v. SeilerSupreme Court of Pennsylvania · 1836
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- Commonwealth v. BellSuperior Court of Pennsylvania · 1897
- Commonwealth v. CarrollSuperior Court of Pennsylvania · 1938
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