30 Pa. 344 | Pa. | 1858
The opinion of the court was delivered by
— This action ought to have been trespass. The warrant was not a nullity only, but an absurdity. It charged the defendant “ with absconding, or about to abscond, from the city,” with moneys belonging to a certain estate “ with intent to defraud heirs” — an improper act, but not obnoxious to the criminal law. The alderman could do nothing but discharge the party arrested. In-appealing to the court for redress she mistook her remedy.
Judgment reversed.