22 Pa. Super. 193 | Pa. Super. Ct. | 1903
Opinion by
The defendant alleged that the plaintiff was indebted to him in about $200, to recover which he brought suit and secured a judgment from which an appeal was taken to the court of common pleas, and was pending at the time the plaintiff arranged to return to his native country in Europe. The plaintiff had purchased, from the defendant, steamship tickets for himself and his family, and was at the railroad station about to take a train when the defendant made a demand upon him for payment of the amount claimed to be due; upon his refusal the defendant went before an alderman and made information charging “ that Mahalyik was indebted to him in the sum of $248, and was about leaving the United States, taking with him his personal property, and that Klein believed Mahalyik was leaving with intent to defraud him out of the claim.” A warrant was secured for the arrest of - Mahalyik by virtue of
The evidence complained of in the first assignment of error was properly received as indicating the animus and purpose of Klein in securing the detention of Mahalyik and in remonstrating with the alderman for discharging him from custody: Burk v. Howley, 179 Pa. 539. The technical distinction between case and trespass is no longer important in view of our statute of 1887.
The assignments of error are overruled and the judgment is affirmed.