Sheed v. Wartman

Decided September 15, 1805

Supreme Court of Pennsylvania · decided 1805-09-15

A habeas corpus ad subjiciendum under the act of 178Sj issued to James Rolph, the keeper of the debtor’s apartment, to bring up the body of the defendant before the court. He returned, that he detained him in custody, by virtue of an execution issued by Joseph Cowperthwaite, esq., a justice of the peace, for a debt of 29I. 10s., interest thereon 3I. 3s., and 15s. 6d., costs.

Relies on Pittsburgh Southern Railway Co. v. Taylor

Decided 1805-09-15

¶1The court were divided in their opinions. The chief justice and Yeates held, that the justice had jurisdiction; Smith and BRACKENRidge held that he had no jurisdiction; but they also declared, that as it did not appear by the execution that the *240same had issued for • rent, the party was not relievable by this writ of habeas corpus, but that his proper remedy was by certiorari.

Cited in 104 Pa. 316 in support of the decision that under the act of March 20, i8to (Purd. Dig. 849), allowing a tenant -to defalcate or set off his just account against his landlord’s claim for rent, before a justice of the peace, the landlord may appeal to the Common Pleas from the judgment of the justice.

¶2The prisoner was remanded.