Litle v. Toland
Supreme Court of Pennsylvania
IN ERROR." RROR to the Common Pleas of Washington county, In the Court below, Toland brought suit against Litle, a justice of the peace of Washington county, for issuing a ji. fa. against his goods, without any previous process or ■judgment.
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IN ERROR." RROR to the Common Pleas of Washington county, In the Court below, Toland brought suit against Litle, a justice of the peace of Washington county, for issuing a ji. fa. against his goods, without any previous process or ■judgment. Upon the trial of the cause, to justify the institution of the suit under the act of the 2ist of March 1772, the plaintiff proved that the following notice had been given to the magistrate thirty days and more before the suit: Washington, 15th March 1809. Alexander Litle, Esq. Sir, You will take notice, that if you do not tender sufficient amends within…
1Opinion of the Court
'ftiis day the judges delivered their opinions.
Tilóhman C. J.
This is an action against a justice of the peace for an act done in the execution of his office.
The errors assigned are that the Court of Common Pleas declared that the notice given by the plaintiff to the defendant, prior to the commencement _of the suit, under the act of 21st March 1772, was legal and sufficient, when the said notice did not specify either the • kind of writ or process, the kind of action, or the place of abode of the attorney for the plaintiff. The* exception so far,as it relates.to the kind of writ or process,…
2Cited by3 opinions
- Slocum v. PerkinsSupreme Court of Pennsylvania · 1817
- Lake v. ShawSupreme Court of Pennsylvania · 1820
- O'Donnell v. Rowe, Pennsylvania Court of Common Pleas, Delaware County1932