Stouffer v. Latshaw
Supreme Court of Pennsylvania
ERROR to the common pleas of Lancaster county. This was an action in six single bills by John Stouffer and Jacob Stouffer against John. Latshaw., The pleas were, payment with leave, &c., duresse of imprisonment, and non est factum : upon which issues were joined.
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ERROR to the common pleas of Lancaster county. This was an action in six single bills by John Stouffer and Jacob Stouffer against John. Latshaw., The pleas were, payment with leave, &c., duresse of imprisonment, and non est factum : upon which issues were joined. In 1826, the plaintiffs in this action brought a suit against' the defendant, in the common pleas of Lancaster county, Pennsylvania: in 1827, while that suit was yet pending, the plaintiffs sued out a capias in Baltimore, Maryland, against the defendant, upon which he was arrested and gave bail to the sheriff: the next day after the…
1Opinion of the Court
The opinion of the Court was delivered by
G-ibson, C. J.
It was accurately charged, that to constitute duresse at law, the arrest must have been originally illegal, or have become so by subsequent abuse of it. It was accurately charged too, that in the absence of proof to the contrary, the arrest must be taken to have been justifiable under the laws of Maryland, by which its legality is determinable; as a second arrest during the pendency of an action in a foreign country for the same cause is justifiable by the common law, which is the basis of the jurisprudence of that state. Yet…
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