Legal Opinion

Diller v. Roberts

Supreme Court of Pennsylvania

Decided June 6, 1825PublishedCited by 4 opinions

IN ERROR. • This was a replevin, in the Court of Common Pleas, of Lancas* ter county, brought -by Isaac Roberts, the defendant in error, and plaintiff below, against Jidam Hiller, the plaintiff in error. The defendant made cognizance, as bailiff of George Ream, of the taking of the goods as a distress for rent. The plaintiff replied non demisit, riens in arrear, and that the alleged landlord had no title to the premises.

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IN ERROR. • This was a replevin, in the Court of Common Pleas, of Lancas* ter county, brought -by Isaac Roberts, the defendant in error, and plaintiff below, against Jidam Hiller, the plaintiff in error. The defendant made cognizance, as bailiff of George Ream, of the taking of the goods as a distress for rent. The plaintiff replied non demisit, riens in arrear, and that the alleged landlord had no title to the premises. The defendant distrained for a year’s rent, amounting to forty-seven pounds, alleged to be due to Ream, on the 1st of Jlpril, 1817; and gave in evidence a lease from Ream to…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

This is an action of replevin, brought by Isaac Roberts, the plaintiff below, against Jldam Diller, the plaintiff in error. The defendant acknowledged the seizure of the plaintiff’s goods, and made cognizance, as the bailiff of George Ream, by whose orders he distrained for a year’s rent, due to the *63said Ream, from the plaintiff. The main point in the cause was, whether the landlord had a right to distrain. The evidence was to the following effect: — A written agreement, bearing date the 23d of March, 1818, was made, between Ream and…

2Cited by4 opinions

  1. Mentz v. HammanSupreme Court of Pennsylvania · 1840
  2. Phillips v. MongesSupreme Court of Pennsylvania · 1839
  3. Hemphill v. FlynnSupreme Court of Pennsylvania · 1845
  4. Martin's AppealSupreme Court of Pennsylvania · 1843

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