Jewel v. Howe
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Venango county. This was an action of debt brought by the plaintiff in error, in the court below, against the defendant, a justice of the peace of Venango county, to recover from him the penalty of one hundred dollars for granting against him and Jonathan Jewel jointly, at the suit of Edward Pearce, a writ of domestic attachment contrary to the acts of assembly in such case made and provided.
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WRIT of error to the court of common pleas of Venango county. This was an action of debt brought by the plaintiff in error, in the court below, against the defendant, a justice of the peace of Venango county, to recover from him the penalty of one hundred dollars for granting against him and Jonathan Jewel jointly, at the suit of Edward Pearce, a writ of domestic attachment contrary to the acts of assembly in such case made and provided. By the first section of the act of the 22d of August 1752, entitled an “ act for regulating attachments not exceeding five pounds,” it is enacted among other…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
As to the first question. The act of the 21st of March 1772, which prohibits the bringing of a suit against'a justice of the peace for any thing done by him in the execution of his office, until notice in writing of such intended suit shall have been delivered to him or left at his usual place of abode by the party, his attorney or agent, thirty days before suing out of the writ, requires that “in the notice shall be clearly and explicitly contained the cause of action which the said party hath, or claimed to have against such justice of the…
2Cited by3 opinions
- Kenege v. ElliottSupreme Court of Pennsylvania · 1840
- Morrison v. FakeWisconsin Supreme Court · 1841
- Merrill v. LowWisconsin Supreme Court · 1842