Killpatrick v. Frost
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county. This action was trespass for assault and battery and false imprisonment of plaintiff. The defendants, Sproul and Reynolds, having by force taken the plaintiff from his home, on his farm, in Erie county, to Allegheny City, where, being joined by the other defendant, Frost, he was forcibly taken by them to the jail in the city of Pittsburgh, and there confined for a period of over twenty days.
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Error to the Court of Common Pleas of Erie county. This action was trespass for assault and battery and false imprisonment of plaintiff. The defendants, Sproul and Reynolds, having by force taken the plaintiff from his home, on his farm, in Erie county, to Allegheny City, where, being joined by the other defendant, Frost, he was forcibly taken by them to the jail in the city of Pittsburgh, and there confined for a period of over twenty days. On the 2d of December, 1853, a bill in equity was filed in the Circuit Court of the United States, for the Western District of Pennsylvania, to May Term,…
1Opinion of the Court
Opinion, Jan. 2, 1859.
2Per curiam
— We cannot doubt that the case in the District Court of the United States, out of which the present one arose, was within the judicial competence of the court, both as respects the parties to it and the subject-matter. The competence of the court for the case, does not depend upon the description of the parties as belonging to the different States, but upon the fact that they do so; and if this were otherwise, the description is sufficient, according to the recognized practice of the Federal courts. The process on which the marshal acted, was therefore sufficient for…
3Cited by1 opinion
- Lawrence v. NortonUnited States Circuit Court · 1882