Book/Printed Material Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the Court of Common Pleas of Delaware County
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Image 1 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … PASSMORE WILLIAMSON VS. JOHN K. KANE. ACTION FOR FALSE IMPRISONMENT, BEFORE THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. ARGUMENT OF JOSEPH J. LEWIS, ESQ. OF WESTCHESTER, ON THE PART OF THE…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 2 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … PASSMORE WILLIAMSON VS. JOHN K. KANE. ACTION FOR FALSE IMPRISONMENT, BEFORE THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. ARGUMENT OF JOSEPH J. LEWIS, ESQ. OF WESTCHESTER, ON THE PART OF THE…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 3 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … PASSMORE WILLIAMSON vs. JOHN K. KANE This is an action for false imprisonment instituted in the Court of Common Pleas of Delaware County, to recover damages for assaulting the plaintiff and imprisoning…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 4 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 4 plaintiff—that leave was given to the relator to traverse the return, whereupon the parties were heard by their counsel, and evidence adduced before the defendant as judge—that the defendant as judge,…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 5 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … ARGUMENT. I am rather disappointed, if the Court please, in the continued indisposition of my colleague, (Mr. Broomall,) inasmuch as it has prevented me, as it did at the last term, from…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 6 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 6 therefore, would not raise the issue desired, and the only issue to be taken on the plea. That can be done only by a denial of the material fact alleged. That…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 7 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 7 in the plea that the outer door was open was a material averment, for the door being open was a condition precedent to the defendant's right to enter; and therefore the…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 8 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 8 to the commitment for contempt, and then alleged that the commitment was made by virtue of his authority as judge, the virtute cujus would have been an inference of law. But…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 9 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 9 that we cannot deny the existence of this record because, by the proceedings of a court that had no jurisdiction, it appears that it had jurisdiction. Such is the argument of…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 10 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 10 State; but the rule is the same whether the judgment was recovered in the same or another State. [Conkling on Jurisdiction, 393.] It is, therefore, very clear that where a record…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 11 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 11 Thirdly, That, being in contempt, the plaintiff was, by a regular order, committed to the custody of the marshal. All these were necessary allegations—not one could be spared; without any one…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 12 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 12 order that the pleadings may be amended and the cause be determined upon its merits. The raising of these questions of special pleading is, therefore, a mere matter of experiment, and…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 13 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 13 What is the argument? It is this: that the right to issue the writ of habeas corpus and to commit for contempt, is a question under the constitution and laws of…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 14 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 14 A void thing can prove nothing, and whether it be void or valid is to be made out by proof recognized as valid. Whether a court has jurisdiction is usually a…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 15 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 15 In the case of Elliott vs. Piersol [1 Peters, 328], Judge Trimble, in delivering the opinion of the court, remarks: “It is argued that the Circuit Court of the United States…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 16 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 16 Justice Barbour, after speaking of the judgments of courts acting within their jurisdiction) remarks: “But directly the reverse of that is true in relation to the judgment of any court acting…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 17 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 17 the plaintiffs in this case, if the subject-matter of the suit had been within its jurisdiction. But we are of the opinion that the court had no jurisdiction of the subject-matter,…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 18 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 18 principals; and it is not easy to perceive how one who has been active in causing a trespass, by his order or decree for its commission, can be less n wrong-doer…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 19 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 19 necessary for the exercise of their respective jurisdictions,” apply to writs of scire facias and habeas corpus, or only to the writs “not specially provided for by statute,” is too late…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 20 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 20 and by its intention, all the courts of the United States have the right to issue writs of habeas corpus. ” It had been expressly decided (Mr. Wharton thought) that the…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 21 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 21 the United States when in session; but as they are not always in session, the second sentence vests the power in every judge of those courts also.” After observing that the…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 22 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 22 “What question can be regarded as, in principle, more local or introterritorial than those which pertain to the domestic institutions of a State,—the social and domestic relations of its citizens? Or…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 23 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 23 upon the courts and judges of the United States to grant it, by the Judicial Act, is strictly limited to the cases therein specified. It is only in behalf of persons…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 24 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 24 issuable by a single judge, it was deemed expedient to describe it. Next and lastly comes the proviso: ‘provided, that writs of habeas corpus shall in no case extend to prisoners…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 25 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 25 but the judge, considering it perfectly clear that he had no authority to issue the writ in virtue of the general power conferred by the Judicial Act, and entertaining doubts as…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 26 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 26 under civil or criminal process. If he acted as a District Court, his power was no larger than that which he possessed as judge of such court, and his action was…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 27 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 27 States has nothing to do with them; its interference in regard to them is wholly uncalled for. Our own courts are competent to afford every remedy, and nothing but a disposition…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 28 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 28 He that orders the arrest, and he that executes the order, are equally liable. The extent of the liability is the only question; and that is to be judged by the…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 29 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 29 The first ease to which I will refer is that of McBride vs. Duncan [1 Wharton, 269.] This was an action of trespass brought against the Sheriff of the city and…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 30 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 30 this remark applies with peculiar force. The genius of our jurisprudence is not favorable to the practice of special pleading, and the cases are rare in which the time and attention…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 31 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 31 sustained. In this ease the plea was “not guilty,” and under that plea the whole defence was given. In the case of Hammond vs. Teague, [19 E. C. L., 97,] the…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 32 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 32 to the general merits of the case, and will thus prevent the jury from having all the light which a proper investigation of the subject would afford. If such be the…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 33 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 33 merits of a cause to be strangled in a mesh of special pleading, by an attempt of either party to show his skill in the practice of this abstruse and now…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 34 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 34 plea. The plea, it is true, contains a general allegation that in this matter the defendant acted as judge; but whether he did act as judge is not a question of…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 35 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 35 It is contended upon the other side that we must either plead that there is no such record, or must state some particular fact which will show that Judge Kane had…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 36 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 36 Mr. Lewis. That depends upon what View the court shall take of the law on that subject—it is a question yet to be decided. I have explained the state of the…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 37 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 37 Lord Chief Justice Jeffreys could be charged with no personal ill feeling against Alice Lee, when she was tried before him; but he had the infamous object of serving those in…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 38 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 38 have regarded this subject, and how, following one set of guides, you go one way, and following another set of guides you go another. Now, which are we to follow? That…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 39 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 39 after the replication and the special demurrer to the replication and an argument by counsel, they struck off the pleas of their own motion. This case is then a most emphatic…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
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Image 40 of Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the … 40 Then there was a replication and a special demurrer, and an argument before the court; and after all this the pleas were stricken off. Undoubtedly, in England, some fifty years ago,…- Contributor: Lewis, Joseph J. - Kane, John K. (John Kintzing) - Williamson, Passmore
- Date: 1857
About this Item
Title
- Passmore Williamson vs. John K. Kane. : action for false imprisonment, before the Court of Common Pleas of Delaware County
Names
- Lewis, Joseph J.
- Williamson, Passmore
- Kane, John K. (John Kintzing), 1795-1858
Created / Published
- Philadelphia: : Merrihew & Thompson, Printers, 1857.
Headings
- - Williamson, Passmore--Trials, litigation, etc
- - Kane, John K.--(John Kintzing),--1795-1858--Trials, litigation, etc
- - Trials (False imprisonment)--Pennsylvania--Media
- - Habeas corpus--United States
- - Judicial immunity--United States
- - Abolitionists--Pennsylvania--Philadelphia
- - Enslaved persons--Legal status, laws, etc.--Pennsylvania
Notes
- - Cohen, M.L. Bib. of early Amer. law, 12079
- - Recat. to AACR2: vj14 11-06-98.
- - KF228.W5 L46 1857 Copy 2 formerly shelved under: LAW LLRBR
Medium
- 42 p. ; 22 cm.
Call Number/Physical Location
- KF228.W5 L46 1857
Digital Id
Library of Congress Control Number
- 47041310
Online Format
- online text
- image