Hessel v. Johnson
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. No. 311 January Term 1889, Sup. Ct.; court below, No. 534 March Term 1888, C. P. No. 4. On March 14, 1888, Henry Hessel issued a writ of replevin against M. T. Johnson, agent of H. M. and Mary Bell Allen, and R. D. Thompson, bailiff, for the recovery of goods which had been distrained for rent in arrear due by Clinton S. Fritz for premises at the northwest corner of Tenth and Race streets.
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ERROR TO THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. No. 311 January Term 1889, Sup. Ct.; court below, No. 534 March Term 1888, C. P. No. 4. On March 14, 1888, Henry Hessel issued a writ of replevin against M. T. Johnson, agent of H. M. and Mary Bell Allen, and R. D. Thompson, bailiff, for the recovery of goods which had been distrained for rent in arrear due by Clinton S. Fritz for premises at the northwest corner of Tenth and Race streets. The writ was served and the property delivered by the sheriff to the plaintiff. To the plaintiff’s declaration defendant Johnson filed an…
1Opinion of the Court
Opinion,
Mb. Justice Clabk:
At the trial of this case the facts do not appear to have been in dispute. The effect of the avowry and cognizance was, as it were, to make the defendant in the suit the plaintiff at the trial, and to impose on him the burden of proof. When the defendant’s case rested, the court, assuming, perhaps from the statements of counsel, that the facts were admitted, gave the case to the jury, with peremptory instructions to find in his favor, which the jury did, — finding, also, tfiat the rent in arrear was $233.32, and the value of the goods replevied $300. Whether the…
2Cases cited5 opinions
- Whiting & Co. v. LakeSupreme Court of Pennsylvania · 1879
- AnonymousNew York Court of Appeals · 1875
- Adams v. GoddardSupreme Judicial Court of Maine · 1859
- Duncan v. DrurySupreme Court of Pennsylvania · 1848
- Helser & McGrath v. Pott & ShreinerSupreme Court of Pennsylvania · 1846
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- Shafer v. CascioSupreme Court of Pennsylvania · 1926
- Allenfield Associates v. United StatesUnited States Court of Federal Claims · 1998
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