Seitzinger v. Steinberger
Supreme Court of Pennsylvania
In error from the Common Pleas of Schuylkill. Jan. 4. This was an action against a constable, brought before a justice of the peace. The defendant had levied on certain goods and sold them, and received from the purchaser his promissory note in payment, which was subsecpiently paid to the endorsee; but when, did not appear. The plaintiff was the lessor of the defendant in the execution.
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In error from the Common Pleas of Schuylkill. Jan. 4. This was an action against a constable, brought before a justice of the peace. The defendant had levied on certain goods and sold them, and received from the purchaser his promissory note in payment, which was subsecpiently paid to the endorsee; but when, did not appear. The plaintiff was the lessor of the defendant in the execution. The rent for the premises on which the goods levied were, was in arrear to an amount less than the price of the goods sold, and the constable had notice thereof before the sale. The Court said that the law,…
1Opinion of the Court
*380Feb. 1.
Bell, J.
Under the Act of 16th June, 1836, a landlord is entitled to call for a year’s rent, if due, to be paid out of the proceeds of an execution, executed on the goods of a tenant by a constable: Morgan v. Moody, 6 W. & S. 333; and as the promissory note, received by the plaintiff in error from Myers & Co. in payment of the goods sold, may, for the purposes of remedy, be regarded as money (Morrison v. Birkey, 7 S. & R. 246; 5 W. & S. 525; Cumming v. Hockley, 8 John. R. 156), the single question presented by the record is, whether a justice of peace has jurisdiction of the subject of…
2Cases cited6 opinions
- M'Cahan v. HirstSupreme Court of Pennsylvania · 1838
- Hunt v. WynnSupreme Court of Pennsylvania · 1837
- Montgomery v. PoormanSupreme Court of Pennsylvania · 1837
- Blue v. CommonwealthSupreme Court of Pennsylvania · 1835
- Morgan v. MoodySupreme Court of Pennsylvania · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Pittsburg ex rel. Flanagan v. DalySuperior Court of Pennsylvania · 1897
- Paulson v. EisenbergSuperior Court of Pennsylvania · 1938
- Birkhead v. WardSuperior Court of Pennsylvania · 1908
- Murphy v. ThallSuperior Court of Pennsylvania · 1901
- Altemose v. Woolbaugh, Pennsylvania Court of Common Pleas, Monroe County1935
5 more not listed; retrieve them via the Exa API.