Ross v. Hudson

Citations

• 6 Pa. Super. 552
• 1898 Pa. Super. LEXIS 195

Syllabus

<p>Illegal arrest — Liability of justice of peace — Act of March 21, 1772.</p> <p>A justice of the peace who illegally orders or causes the arrest of a citizen may be made liable in an action for damages; but to be so held liable the statute requires the preliminary notice to be given, so that proper amends may be made and expensive litigation avoided.</p> <p>Wherever a magistrate has acted honestly, although mistakenly, where he supposed'he was in the execution of his duty, although he had no authority to act, he is entitled to the protection of the Act of March 21, 1772, 1 Smith’s Laws, 364,</p>