Commonwealth Ex Rel. Di Giacomo v. Heston

Opinion by

Mr. Justice Sadler,

Di Giacomo, the relator, has asked to be discharged from confinement in the county prison, to which he was committed by an equity court for failure to comply with a decree there entered. The record discloses the filing of a bill by plaintiffs, who claimed to have entered into an oral agreement of partnership with defendant, averring that funds, paid to the latter to establish a trade in soft drinks, had not been properly expended. It was alleged that part of the money so contributed was deposited by the relator in his own name, and a portion thereof used to…