Fitler v. Beckley
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia ; in which an action on the case was brought by Nathaniel Beckley and Joseph S. Shipman, trading under the firm of Beckley & Shipman, against Daniel Fitler, sheriff of the city and county of Philadelphia.
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ERROR to the District Court for the city and county of Philadelphia ; in which an action on the case was brought by Nathaniel Beckley and Joseph S. Shipman, trading under the firm of Beckley & Shipman, against Daniel Fitler, sheriff of the city and county of Philadelphia. The declaration contained two counts: one for a false return, and the other for allowing one M. M’Cabe to escape from arrest, under a writ of capias ad respondendum, issued against him by the plaintiffs, on the following note: Philadelphia, Oct. 4th 1839. $600tW. Seventy days after date I promise to pay to the order of…
1Opinion of the Court
*461The opinion of the Court was delivered by
Huston, J.
A capias ad respondendum having been issued by Beckley & Shipman against M. M’Cabe, the sheriff, or his deputy, arrested M’Cabe and allowed him to escape.
On the trial of this case, plaintiff showed the writ, proved that M’Cabe was arrested and in custody of the officer; and then to prove the amount for which M’Cabe was liable, showed and proved that M’Cabe made and delivered to the plaintiffs a note as follows: — ■
“f600T3/o Philadelphia, October 4,1839.
Seventy days after date I promise to pay to the order of Beckley & Shipman, Six Hundred…
2Cases cited2 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Fleming v. PotterSupreme Court of Pennsylvania · 1838
3Cited by3 opinions
- Kennedy v. UpshawTexas Supreme Court · 1885
- Commercial National Bank of Chicago v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1878
- North Pennsylvania Railroad v. AdamsSupreme Court of Pennsylvania · 1867