Commonwealth ex rel. Menges v. Huttel
Superior Court of Pennsylvania
Appeal, No. 161, Nov. T., 1896, by plaintiffs, from decree of C. P. Northampton Co., quashing writ of mandamus. Motion to quash mandamus.
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Appeal, No. 161, Nov. T., 1896, by plaintiffs, from decree of C. P. Northampton Co., quashing writ of mandamus. Motion to quash mandamus. Before Schuyler, P. J. The petition of the relators disclosed a landlord’s warrant against Henry F. Menges for recovery of alleged claim for rent which had been placed in the hands of C. W. Huttel, a constable, upon which he had distrained upon personal property; that Camilla Menges claimed ownership of part of the property and Henry F. Menges part of the property and neither of them signed any lease or waived the exemption to which they are entitled under…
1Opinion of the Court
Opinion by
Rice, P. J.,
The first question in this case is, whether mandamus will lie to compel a constable, charged with the execution of a landlord’s warrant, to have an appraisement made of goods elected to be retained by the tenant under the three hundred dollar exemption law. It should be noticed that the appraisement sought to be enforced is that provided for by the second section of the Act of April 9,1849, P. L. 533, and not the appraisement contemplated by the landlord and tenant Act of March 21,1772, 1 Sm. L. 370.
No precedent, in Pennsylvania, has been cited, and we have been able to…
2Cited by4 opinions
- Reigle v. SmithSupreme Court of Pennsylvania · 1926
- Commonwealth Ex Rel. Short v. WoodwardSuperior Court of Pennsylvania · 1924
- Lesniak v. Lawler, Pennsylvania Court of Common Pleas, Lackawanna County1937
- Luxton v. Warren, Pennsylvania Court of Common Pleas, Montgomery County1936