Legal Opinion

Emerson v. Cochran

Supreme Court of Pennsylvania

Decided February 15, 1886PublishedCited by 20 opinions

Error to the Court of Common Pleas of Fayette county: Of July Term 1885, No. 767. This was an action on the case brought by Alfred Emerson against James W. Cochran and Lutellus Cochran for the malicious use or abuse of civil process whereby the defendant was arrested and imprisoned in the county jail. The plea was not guilty. The facts sufficiently appear from the charge of the court and the opinion of the Supreme Court.

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Error to the Court of Common Pleas of Fayette county: Of July Term 1885, No. 767. This was an action on the case brought by Alfred Emerson against James W. Cochran and Lutellus Cochran for the malicious use or abuse of civil process whereby the defendant was arrested and imprisoned in the county jail. The plea was not guilty. The facts sufficiently appear from the charge of the court and the opinion of the Supreme Court. The defendant presented the following point: That if the defendants, at the time of procuring the writ of capias to be issued, and the plaintiff arrested, consulted their…

1Opinion of the CourtJustice Gordon

It is undoubtedly true that in Pennsylvania, as elsewhere, the action of case will lie for the malicious use, or abuse, of civil process ; this, however, must be taken with the qualification that such process has been used to restrain the defendant’s personal liberty or to interfere with his property: Muldoon v. Rickey. 103 P. S. R., 110; Kramer v. Stock, 10 Watts, 115 ; Mayer v. Walter, 14 P. F. S., 283. The suit in hand is founded on the alleged malicious use of the writ of capias, by which the person of the plaintiff was seized and imprisoned. In order to sustain this action the plaintiff…

2Cases cited1 opinion

  1. Kramer v. StockSupreme Court of Pennsylvania · 1840

3Cited by20 opinions

  1. Altman v. Standard Refrig. Co., Inc.Supreme Court of Pennsylvania · 1934
  2. Hess v. Oregon Baking Co.Oregon Supreme Court · 1897
  3. Friend's EstateSupreme Court of Pennsylvania · 1904
  4. El Reno Gas & Electric Co. v. SpurgeonSupreme Court of Oklahoma · 1911
  5. Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892

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