Dungan v. Read

Citations

• 167 Pa. 393
• 31 A. 639
• 1895 Pa. LEXIS 917

Syllabus

<p>Execution — Capias ad, satisfaciendum, — Negligence—Injury to horse and wagon.</p> <p>Where in an action of trespass to recover damages for injuries negligently caused by defendant to a horse and carriage which he had hired from plaintiff, the statement averred the contract and the negligent conduct of defendant; to which defendant pleaded not guilty, and a judgment was rendered against defendant; the action was ex delicto, and a capias ad satisfaciendum will lie to enforce the collection of the judgment.</p> <p>In such a case, the recital of the contract in the statement of claim is mere surplusage, and will not bring the defendant within the protection of the act of July 12, 1842, P. L. 339, abolishing imprisonment for debt.</p>