Legal Opinion

Nelson v. Wick

Pennsylvania Court of Common Pleas, Beaver County

Decided October 16, 1944No. 72Published

1Opinion of the Court

Braham, P. J.,

fifty-third judicial district, specially presiding,

— Is a defendant, a constable, liable for depriving plaintiff of his truck by the improper use of legal process, although plaintiff has not made a demand for a copy of the warrant before bringing suit and has not joined as a defendant the justice of the peace who issued the search warrant, pursuant to the provisions of section 6 of the Act of March 21, 1772, I Sm. L. 364, 42 PS §1016? This is the question posed by the pending motions for judgment non obstante veredicto and for a new trial.

The facts must be stated as briefly as…

2Cases cited6 opinions

  1. Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
  2. Shane v. Gulf Refining Co.Superior Court of Pennsylvania · 1933
  3. Lantz v. LutzSupreme Court of Pennsylvania · 1848
  4. Jadwin v. R. Bell L. GallagherSuperior Court of Pennsylvania · 1933
  5. Smith v. HoughwotSuperior Court of Pennsylvania · 1938

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