Wilson v. John
Supreme Court of Pennsylvania
in ERROR. UPON a writ of error to the Common Pleas of Chester . county, the case was thus: It was an action of trespass and false imprisonment against Wilson, to which he pleaded not guilty aná justification, with leave to give the special matters in evidence. Upon the trial of the cause,.the plaintiff proved his arrest under the following warrant, signed by the defendant, and that he had been committed to jail by virtue of it.
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in ERROR. UPON a writ of error to the Common Pleas of Chester . county, the case was thus: It was an action of trespass and false imprisonment against Wilson, to which he pleaded not guilty aná justification, with leave to give the special matters in evidence. Upon the trial of the cause,.the plaintiff proved his arrest under the following warrant, signed by the defendant, and that he had been committed to jail by virtue of it. “ The “ commonwealth of Pennsylvania to the 27th regiment of “ Pennsylvania, and 5th company. Whereas the persons “ named in the schedule or list hereto annexed,”…
1Opinion of the Court
Tilghman C. J.
delivered the court’s opinion.
This action was brought in the Common Pleas of Chester county, by David John the defendant in error against James Wilson the plaintiff in error, for a trespass in issuing a warrant as captain of the militia, by virtue, of which the plaintiff below was arrested. The defendant justified under the militia law, passed 6th April 1808; and in the course of his defence, offered in evidence a paper writing, purporting to be the proceedings of a court of appeals, which was objected to by the plaintiff, and overruled by the court. This is the first exception…
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