Walbridge v. Pruden
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie eounty: Of ^ January Term 1883, No. 116. Case, by Hiram Pruden, against Charles Miller and C. H. Walbridge, to recover damages for malicious prosecution and false imprisonment. Plea, not guilty. The defendant Miller died before trial, and the cause was discontinued as to him.
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Error to the Court of Common Pleas of Erie eounty: Of ^ January Term 1883, No. 116. Case, by Hiram Pruden, against Charles Miller and C. H. Walbridge, to recover damages for malicious prosecution and false imprisonment. Plea, not guilty. The defendant Miller died before trial, and the cause was discontinued as to him. On the trial,, before Galbraith, P. J., the plaintiff proved that he was arrested upon a warrant issued by an alderman, on an information on the oath of Charles Miller, charging him with secreting and removing certain household goods which had been seized by said Miller, as…
1Opinion of the CourtJustice Sterrett
There was no lack of testimony tending to prove that the relation of landlord and tenant, previously existing between the parties to this contention, had been terminated by the act of the plaintiff in error before he issued his warrant; and hence, there was no error in affirming the first point of plaintiff below, and instructing the jury that if they believed “ the evidence, Walbridge had no right to issue a landlord’s warrant. The act was a nullity, and the persons undertaking to enforce it by taking the property of the plaintiff were mere trespassers and the plaintiff was not bound to…
2Cited by6 opinions
- Altman v. Standard Refrig. Co., Inc.Supreme Court of Pennsylvania · 1934
- Robitzek v. DaumSupreme Court of Pennsylvania · 1908
- Bruff v. KendrickSuperior Court of Pennsylvania · 1902
- Stratton v. JordanSuperior Court of Pennsylvania · 1921
- Scott v. DeweySuperior Court of Pennsylvania · 1903
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