Bonsall v. Comly
Supreme Court of Pennsylvania
Error to the Common Pleas of Philadelphia. This was an action of replevin by Jeremiah Bonsall and Edward W. Davis against F. A. Comly.
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Error to the Common Pleas of Philadelphia. This was an action of replevin by Jeremiah Bonsall and Edward W. Davis against F. A. Comly. The material facts of the case were these: — The plaintiffs jointly leased from the defendant (who, it appeared by the avowry and cognisance, was acting as the agent of the North Pennsylvania Railroad Company) certain premises in Walnut street, in the city of Philadelphia, under written articles, dated in February, 1860. In September 1862, the lessees being in arrears for rent, the lessor, by his bailiff in his own name, dis-trained upon a part of the goods…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The property for which this writ of replevin issued, was seized as a distress for rent; and the fact that it was liable to be so seized, is not disputed. But it is contended, on part of the plaintiffs in error, that as it was appraised under the Exemption Act of 1849, and elected to be taken by them, it became specifically exempt, and that the landlord could not proceed in disregard of the appraisement and election, and hold it to satisfy the claim for rent. In other words, he could not change his mind, and proceed with the process in…
2Cited by7 opinions
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- Maschke, Receiver v. O'BrienSuperior Court of Pennsylvania · 1940
- Sterman v. HannSupreme Court of Iowa · 1913
- Front & Huntingdon Building & Loan Ass'n v. BerzinskiSuperior Court of Pennsylvania · 1937
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