Legal Opinion

Long v. Cherington

Supreme Court of Pennsylvania

Decided April 23, 1894No. Appeal, No. 210PublishedCited by 1 opinion

Appeal, No. 210, Jan. T., 1894, by defendant, William H. Cherington, from order of C. P. Columbia Co., May T., 1891, No. 39, discharging rule to quash writ of alias ca. sa. issued by Clara Long, plaintiff. Rule to quash alias ca. sa. Before Ikeler, P. J. From the record it appeared that on Feb. 9, 1891, plaintiff began an action by capias in trespass for slander against defendant, and upon the trial of the cause recovered a verdict for $350, upon which judgment was entered.

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Appeal, No. 210, Jan. T., 1894, by defendant, William H. Cherington, from order of C. P. Columbia Co., May T., 1891, No. 39, discharging rule to quash writ of alias ca. sa. issued by Clara Long, plaintiff. Rule to quash alias ca. sa. Before Ikeler, P. J. From the record it appeared that on Feb. 9, 1891, plaintiff began an action by capias in trespass for slander against defendant, and upon the trial of the cause recovered a verdict for $350, upon which judgment was entered. A fi. fa. and ca. sa. were issued, and defendant was taken into custody by the sheriff. The defendant and his counsel…

1Opinion of the Court

Per Curiam,

This appeal is from the refusal of the court below to set aside an alias ca. sa. The allegation is that on a previous writ the defendant had been taken into custody by the sheriff and afterwards discharged therefrom by that officer. If we look to the record we find only that a previous ca. sa. was issued and returned “ Stayed.”

If we look to the evidence, and the findings of the learned judge therefrom, we are equally unable to see any reason for quashing this writ or staying proceedings upon it. It is true *252that the sheriff did undertake the arrest of the defendant upon the first…

2Cited by1 opinion

  1. Ritter v. Stricker, Pennsylvania Court of Common Pleas, Dauphin County1934

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