Allison v. Rheam
Supreme Court of Pennsylvania
• , ( ' • : : . ALLISON., brought an action of trespass and false imprisonment against Rheam, in this Court. On the trial before the Chief Justice, it appeared, that Rheam had obtained judgment against Allison in this Court, in a former action ; and that Rheam’s attorney had issued a capias ad satisfaciendum against Allison, on which he was arrested, and imprisoned for six hours.
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• , ( ' • : : . ALLISON., brought an action of trespass and false imprisonment against Rheam, in this Court. On the trial before the Chief Justice, it appeared, that Rheam had obtained judgment against Allison in this Court, in a former action ; and that Rheam’s attorney had issued a capias ad satisfaciendum against Allison, on which he was arrested, and imprisoned for six hours. There was no previous demand made of Allison of the money recovered, and he had sufficient real estate to satisfy the amount due. This Court, on motion, quashed the capias ad satisfaciendum, and a fieri facias was…
1Opinion of the Court
Tilghman C. J.
This is an action of trespass and false imprisonment. The plaintiff proves, that the defendant who had obtained judgment against him in another action in this Court, sued out a writ of capias ad satisfaciendum, and had him arrested, although he had sufficient real estate, to satisfy the judgment. The writ was quashed, on application to the Court. The defendant contends, that the plaintiff has mistaken his -remedy, which was not trespass, but an action on the case for maliciously suing out the writ, knowing that there was property sufficient to satisfy the judgment.
It is enacted…
2Cited by1 opinion
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