Comfort v. Commonwealth
Supreme Court of Pennsylvania
Ilf ERROR.. Error to the Quarter Sessions of the county of Bucks. John Comfort, Ezra Comfort, John Kitchen, Thomas Kitchen, and William Kitchen, Jun’r., were indicted at the September Sessions, 1839, of that court,' for refusal to aid a constable in the execution of mesne process. .The indictment, which set out all the material facts, was as follows: “ The Grand Inquest of the Commonwealth of Pennsylvania, inquiring for the county of Bucks) upon their oaths and solemn…
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Ilf ERROR.. Error to the Quarter Sessions of the county of Bucks. John Comfort, Ezra Comfort, John Kitchen, Thomas Kitchen, and William Kitchen, Jun’r., were indicted at the September Sessions, 1839, of that court,' for refusal to aid a constable in the execution of mesne process. .The indictment, which set out all the material facts, was as follows: “ The Grand Inquest of the Commonwealth of Pennsylvania, inquiring for the county of Bucks) upon their oaths and solemn affirmations respectively, do present, that Daniel Poor, then and there being one of the justices of the peace in and for the…
1Opinion of the Court
*440The opinion of the court was delivered by
Sergeant, J.
The question raised on this indictment is, whether in case of resistance by a defendant to a constable in the service of a capias ad respondendum in debt, issued by a justice of the peace under the act of assembly of the 20th March,-1810, the constable may raise the posse comitatu's or power of the county, for his assistance, in the same manner as the sheriff may in writs of mesne process to him directed; and whether a person refusing to assist the constable when required, on resistance being made, is indictable for refusal. This is a power…
2Cited by2 opinions
- Chapin v. FerryWashington Supreme Court · 1891
- Commonwealth v. SadowskySuperior Court of Pennsylvania · 1923