Sommer v. Wilt
Supreme Court of Pennsylvania
THIS was a special action on the case to recover damages for the malicious abuse of legal process, in which the jury found a verdict for the plaintiff for 9500 dollars. The defendant moved for a new trial, and the Chief Justice, fore whom the cause was tried in February, 1818,-reported the case and read the evidence from his notes.
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THIS was a special action on the case to recover damages for the malicious abuse of legal process, in which the jury found a verdict for the plaintiff for 9500 dollars. The defendant moved for a new trial, and the Chief Justice, fore whom the cause was tried in February, 1818,-reported the case and read the evidence from his notes. On the 4th June, 1812, the plaintiff gave to the defendant his bond with warrant of attorney, in the penalty of 12400 dollars conditioned for the payment of 6200 dollars in one entire payment, without interest, on the 4th December, 1812. On the 14th July, 1813, the…
1Opinion of the Court
After an argument by the same counsel, who tried the cause, the opinion of the Court was delivered by
Duncan J.
This is an action on the case, for maliciously, and with a déterniination to harass, vex, impoverish, and distress the plaintiff, directing the sheriff to levy nearly double the sum due on a judgment, obtained by the defendant against the plaintiff, and causing the sheriff so to levy and to ■ sell the goods of the plaintiff, to an amount exceeding the sum due, on which the execution issued.
The attempt by the defendant was to cover, under the penalty of the obligation on which the…
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