Esterly Machine Co. v. Spencer
Supreme Court of Pennsylvania
Appeal, No. 148, July T., 1891, by defendant, Howard Spencer, from judgment of C. P. No. 1, Phila. Co., March T., 1888, No. 387, dismissing exceptions to report of referee. Trespass to recover damages for an alleged wrongful distress.
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Appeal, No. 148, July T., 1891, by defendant, Howard Spencer, from judgment of C. P. No. 1, Phila. Co., March T., 1888, No. 387, dismissing exceptions to report of referee. Trespass to recover damages for an alleged wrongful distress. The case was referred to Henry R. Edmunds, Esq., who reported the facts as follows: ■ “In January, 1888, the defendant was the owner of the premises No. 1907 Market street, Philadelphia, and one S. C. Harbert, now deceased, was the tenant of said premises. “ On the 10th day of January, 1888, the landlord, the defendant, who had duly levied for arrears of rent…
1Opinion of the Court
Opinion by
Mb,. Justice Williams,
The remedy by distraint for rent in arrears rests, in this state, upon the act of March 21, 1772. The provisions of this statute authorize the seizure of the goods of the tenant upon the premises, and the pursuit and seizure of them off the premises, if they have been removed clandestinely by the tenant; and they furnish a code of procedure to be followed by the landlord in order to bring the articles distrained to sale. They prescribe also the method by which the tenant, or owner of the goods seized, may prevent the sale, and secure a decision of the questions…
2Cases cited2 opinions
- Brisben v. WilsonSupreme Court of Pennsylvania · 1869
- Caldcleugh v. HollingsworthSupreme Court of Pennsylvania · 1844
3Cited by20 opinions
- Snyder v. BoringSuperior Court of Pennsylvania · 1897
- Brown v. StackhouseSupreme Court of Pennsylvania · 1893
- Pickering v. YatesSuperior Court of Pennsylvania · 1912
- Ramsdell v. SeybertSuperior Court of Pennsylvania · 1905
- Manegold v. QuinnSuperior Court of Pennsylvania · 1911
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