Rarick v. McManomon

Citations

• 17 Pa. Super. 154
• 1901 Pa. Super. LEXIS 268

Syllabus

<p>Practice, G. P. — Continuance of cause — Appearance.</p> <p>In an action of trespass against a city and a police officer for false arrest, where it appears that the writ was served on the city but not on the officer, that the city solicitor appeared for both defendants, and the officers subpceaned the witnesses, and was called by both parties as a witness, the Superior Court will not review the discretion of the lower court in refusing tlie officer’s request for a continuance, because he had not been served, and because he had not knowledge until after the trial was begun, that he was a party defendant.</p> <p>A motion to continue a cause is addressed to the sound discretion of the court, and its action is not ordinarily reviewable on appeal.</p> <p>Trespass — False arrest — Arrest without a warrant.</p> <p>Upon reasonable suspicion, founded either on his own knowledge or the information of others that a felony or such breach of the peace as will probably prove to be a felony has been committed, the officer may arrest without a warrant, but he cannot arrest for an ordinary misdemeanor unless present at the commission of the offense.</p> <p>An officer has no right to arrest without a warrant for an indecent exposure of the person, where he was not present and did not see the offense committed.</p>