Berger v. Smull & Sons
Supreme Court of Pennsylvania
Certiorari to the Honourable George W. Stein, one of the associate judges of the Court of _ Common Pleas of Northampton county. To August Term 1858, No. 84, an action on the case was brought by Thomas Smull, Thomas L. Smull, John Burke, and Jonathan Thorne, partners, trading under the firm and name of Thomas Smull & Sons, against Samuel J. Berger.
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Certiorari to the Honourable George W. Stein, one of the associate judges of the Court of _ Common Pleas of Northampton county. To August Term 1858, No. 84, an action on the case was brought by Thomas Smull, Thomas L. Smull, John Burke, and Jonathan Thorne, partners, trading under the firm and name of Thomas Smull & Sons, against Samuel J. Berger. On the 8th of February 1861, Thomas Smull appeared before the Honourable George W. Stein, and made an affidavit in said case, in. which he stated that the plaintiffs therein were dealers in leather, in New York, and that the defendant, at the time…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
This certiorari brings up the proceedings had before an associate judge of Northampton County, in an application for a warrant of arrest, under the 3d section of the Act of 12th July 1842, abolishing imprisonment for debt, at the suit of Thomas Smull & Sons, against their debtor, Samuel J. Berger, now the plaintiff in error.
Two points are taken on the part of the plaintiff in error: first, that the ex parte affidavit of complaint, after being used to procure the warrant of arrest, was not' proof on the hearing before the judge, so as to…
2Cited by9 opinions
- Grieb v. KuttnerSupreme Court of Pennsylvania · 1890
- Morch v. RaubitschekSupreme Court of Pennsylvania · 1894
- Miller v. SummersSuperior Court of Pennsylvania · 1900
- C. M. Hapgood Shoe Co. v. SauppSuperior Court of Pennsylvania · 1898
- Spencer v. BloomSupreme Court of Pennsylvania · 1892
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