Legal Opinion

Whitton v. Milligan

Supreme Court of Pennsylvania

Decided March 6, 1893No. Appeal, No. 75PublishedCited by 7 opinions

Appeal, No. 75, July T., 1892, by plaintiff, Harold Whitton, from order of C. P. No. 3, Phila. Co., March T., 1888, No. 264, entering compulsory nonsuit. Trespass to recover damages for alleged illegal sale of goods distrained for rent. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 75, July T., 1892, by plaintiff, Harold Whitton, from order of C. P. No. 3, Phila. Co., March T., 1888, No. 264, entering compulsory nonsuit. Trespass to recover damages for alleged illegal sale of goods distrained for rent. The facts appear by the opinion of the Supreme Court. The notice of distraint, signed by the constable, was served on plaintiff Feb. 1, 1888, and read : “ Take notice that by authority and on behalf of your landlord, William Milligan, I have this day distrained the several goods and chattels specified in the above schedule on the premises No. 1018 Chestnut…

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

This is an appeal from a refusal to take off a nonsuit in an action of trespass in which the plaintiff alleged, inter alia, that certain goods and chattels belonging to him had been unlawfully taken and sold by the defendant. It appears that the appellant was, on the 31st of January, 1888, in possession of a room on the fourth floor of 1018 Chestnut street, Philadelphia, as a tenant of the appellee ; that having failed to pay the rent according to the terms of the lease he was apprehensive of a distress, and in the hope of avoiding it removed, during the *378night,…

2Cases cited1 opinion

  1. Davis v. Davis, Pennsylvania Court of Common Pleas, Montour County1889

3Cited by7 opinions

  1. Justice v. MeekerSuperior Court of Pennsylvania · 1906
  2. Sookiasian v. Swift Co. Inc.Superior Court of Pennsylvania · 1930
  3. Letzic and Letzic v. KaufmanSuperior Court of Pennsylvania · 1933
  4. Quinn v. SwartleySupreme Court of Pennsylvania · 1913
  5. Guyer v. Bender, Pennsylvania Court of Common Pleas, Northumberland County1923

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