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Lessee of Thomas v. Cummins

Lessee of Ezekiel Thomas against James Cummins

Lessee of Thomas v. Cummins, 1 Yeates 1 (1791)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
April 15, 1791
Citations
1 Yeates 1
Headnotes
Attachment awarded for contemptuous expressions of the court, without granting a rule to shew cause. The power to punish by attachment, contempts committed out of court, was taken away by the Acts of April 3, 1809, P. E., 146, and March 3, 1812, E. E., 237.

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Opinion of the Court

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Mr. Sergeant pro quer. moved for a rule to shew cause on the defendant why an attachment should not issue against him, upon an affidavit that a writ of estrepement had been served on him in this cause, and that he had afterwards declared he would go on committing waste, notwithstanding the power of the justices, sheriff, &c.

The Court declared that they need not in such case give a rule to shew cause, hut upon such highly improper expressions would grant the attachment in the first instance, the defendant having set at naught the powers of the Court: and the attachment was awarded accordingly, to the sheriff of Chester county, where the ejectment was commenced.

How later courts describe this case

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1978: 119782026peak 1978 · 1

Relies on it most ⓘ

  1. Hendershot v. Handlan248 S.E.2d 273 (W. Va. 1978)

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  1. Hendershot v. Handlan248 S.E.2d 273 (W. Va. 1978)

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