Ford v. Campbell

Citations

• 51 Pa. Super. 388
• 1912 Pa. Super. LEXIS 229

Syllabus

<p>Constables — Actions against — Notice under Act of March 21, 1772, 1 Sm. Laws, 364 — Warrant—Misconduct of officer.</p> <p>1. Where a constable has under a warrant issued by a justice of the peace fraudulently and collusively levied upon and sold personal property, the person injured may maintain an action against him without demanding from him the production of his warrant as provided by sec. 6 of the Act of March 21, 1772, 1 Sm. Laws, 364, which provides that “no action shall be brought against any constable .... for anything done in obedience to any warrant .... until demand hath been made .... by the party intending to bring such action demanding a copy of such warrant .... and the same hath been neglected or refused for the space of six days after such demand.”</p> <p>2. The purpose of the act was to furnish some measure of protection to a constable for doing that which obedience to his writ required him to do. The act only applies where the exhibition of the warrant furnished a defense for the constable.</p>