Morch v. Raubitschek

Citations

• 159 Pa. 559
• 28 A. 369
• 1894 Pa. LEXIS 896

Syllabus

<p>Warrant of arrest — Appeal to Supreme Court.</p> <p>An appeal lies from an order of the court of common pleas discharging from custody a person arrested under a warrant of arrest.</p> <p>Warrant of arrest — Jurisdiction—Judge—Act of July 12, 1842.</p> <p>Under the act of July 12, 1842, P. L. 839, a person arrested under a warrant of arrest must be brought before the judge who issues the warrant ; no other judge has jurisdiction to hear and dispose of the ease.</p> <p>Warrant of arrest — Criminal proceeding — Former acquittal.</p> <p>The proceeding by warrant of arrest is not a criminal proceeding, but is merely collateral to the action for the breach of contract, and in aid of it and dependent on it. Defendant’s acquittal of a criminal charge based on the same transaction cannot, in the nature of a plea of former acquittal, be interposed as a bar to the civil proceeding by warrant of arrest.</p>