Davis v. Cummins

Decided March 15, 1802

Supreme Court of Pennsylvania · decided 1802-03-15

Motion to discharge the defendant from an arrest on the following affidavit by him made : That he came to Philadelphia on the 14th March instant from Northumberland county, for the purpose of attending the Supreme Court as a suitor, in a cause against him by Cochran and Thursby, now pending in the said court; that on the next day he was taken on a bail piece in a suit wherein J ohn Plankinhorn is plaintiff, and on the day following, being in custody, a capias was served on…

Decided 1802-03-15

By the Court.

¶1This does not appear to us to be such a case as entitles the party to a privilege from arrest in the present cáse. He was lawfully in custody tin the surrender of his special bail, and of course could not attend his cause with Cochran and Thursby, even if the trial was going on. In this state of incapacity the plaintiffs might well arrest him. He was already in actual custody.

¶2Motion denied.

¶3Vid. 2 Bl. Rep. 823. Even where a defendant is illegally in custody at the suit of one plaintiff, he is not privileged from arrest at the suit of another, unless there be some collision.