Gardner v. Kiehl

Citations

• 182 Pa. 194
• 37 A. 829
• 1897 Pa. LEXIS 791

Syllabus

<p>Practice, G. P. — Lis pendens — Plea in abatement.</p> <p>The pendency of a prior action is the subject of a plea in abatement, not of a motion to quash the second writ.</p> <p>A plea in abatement setting up the pendency of a prior action must allege that the first suit was pending when the plea in abatement was pleaded.</p> <p>Public officers — Sheriffs—Action against sheriff.</p> <p>An action of trespass against a sheriff for misfeasance in office is transitory, and may be brought in a county other than the sheriff’s bailiwick.</p> <p>English statutes — Report of judges — Presumption — Act 21 James I., ch. 12.</p> <p>The omission of an English statute from the list of English statutes reported as in force by the judges of the Supreme Court, 3 Binney, 595. while not conclusive against the statute, raises a presumption of very great weight that it is not in force in this state.</p> <p>The Act of 21 James I., eh. 12, relating to actions against public officers is not in force in Pennsylvania.</p>