Frick v. Kitchen
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Columbia county. Benjamin P. Frick, Theodore Wells and Thomas Ellis against' William Kitchen, sheriff of Columbia county. This was an action for an escape.
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ERROR to the Common Pleas of Columbia county. Benjamin P. Frick, Theodore Wells and Thomas Ellis against' William Kitchen, sheriff of Columbia county. This was an action for an escape. It appeared’ in evidence that a ca. sa., issued at the suit of the plaintiffs against William Bennet for $237, upon which he was arrested and imprisoned; on the 15th of June 1837, the debtor petitioned the prothonotary for leave to give bond to take the benefit of the insolvent law, and gave bond, with security, to Schuyler, Frick dp Co. whereupon he was discharged by the sheriff from custody. On the 19th of…
1Opinion of the Court
*31The opinion of the Court was delivered by
Huston, J.
— The plaintiffs allege a judgment in their favour against William Bennet for $237; that they issued a ca. sa. which was delivered to the defendant, then sheriff of the county, who arrested Bennet and permitted him to escape. Another count sets out the same judgment, the ca. sa. and arrest of Bennet, and that he presented his petition for the benefit of the insolvent law to the prothonotary of the Common Pleas of Columbia county, in due form, and that Bennet gave bond with security for his appearance at the next Court of Common Pleas to…
2Cases cited2 opinions
- Kelly v. StepneySupreme Court of Pennsylvania · 1835
- Wolfram v. StrickhouserSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Marks v. WillenskiSuperior Court of Pennsylvania · 1906
- O'Donnell v. GordonSuperior Court of Pennsylvania · 1899
- In re Taylor's Application for the Benefit of the Insolvent Laws, Pennsylvania Court of Common Pleas, Dauphin County1860