Commonwealth v. Day

Brownson, P. J.,

On Dec. 26, 1922, William Shriver made a complaint before Boyd C. Parshall, justice of the peace, setting forth that S. L. Day had permitted his sheep to trespass upon the lands of the complainant, contrary to the Act of March 4, 1763, 1 Sm. Laws, 257. This complaint was drawn up on a blank intended for use in making criminal informations, and gives to the case the caption “Commonwealth of Pennsylvania v. S. L. Day.” The justice, however, did1 not issue a warrant for the arrest of the defendant to answer a criminal charge, but treated the case throughout as a civil proceeding…