Whelan v. Miller
Superior Court of Pennsylvania
Appeal, No. 21, Oct. T., 1911, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1908, No. 1,853, on verdict for plaintiff in case of John M. Whelan v. Adam Miller. Trespass to recover damages for malicious abuse of civil process.
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Appeal, No. 21, Oct. T., 1911, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1908, No. 1,853, on verdict for plaintiff in case of John M. Whelan v. Adam Miller. Trespass to recover damages for malicious abuse of civil process. Before Carr, J. The plaintiff presented the following points: 1. If the jury find that the plaintiff in the judgment note filed to court of common pleas, No. 1, December Term, 1898, No. 1,156, in which the defendant in this action was the plaintiff therein, and John Whelan, the father of the plaintiff, was the defendant, added thereto the words, “also…
1Opinion of the Court
Opinion by
Rice, P. J.,
This action was brought to recover damages for the alleged abuse of civil process, the plaintiff claiming, in his declaration, that, by reason of an attachment execution issued by the defendant and laid on a bank deposit belonging to the plaintiff, certain checks of his were dishonored,’ and his credit, financial standing, and business reputation were injured. The' court charged that special damages for injury to the credit and circumstances, of one against whom civil process has been issued cannot be recovered, unless they are set forth with particularity in the…
2Cases cited4 opinions
- Mayer v. WalterSupreme Court of Pennsylvania · 1870
- Barnett v. ReedSupreme Court of Pennsylvania · 1866
- Fitzpatrick v. Union Traction Co.Supreme Court of Pennsylvania · 1903
- Bailey v. Presbyterian BoardSupreme Court of Pennsylvania · 1901
3Cited by8 opinions
- Adelman Et Ux. v. RosenbaumSuperior Court of Pennsylvania · 1938
- Garland v. WilsonSupreme Court of Pennsylvania · 1927
- Harvey v. PincusDistrict Court, E.D. Pennsylvania · 1982
- White v. Rosenbaum Co.Superior Court of Pennsylvania · 1919
- Friendly Finance Company of Biloxi, Inc. v. MallettMississippi Supreme Court · 1971
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