Legal Opinion

Jimison v. Reifsneider

Supreme Court of Pennsylvania

Decided January 26, 1881No. 2PublishedCited by 3 opinions

Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1880, No. 115. Replevin, by J. P. Reifsneider against Powers & Weightman and James K. Jimison. The .sheriff returned nihil hahent as to Powers & Weightman. The narr. alleged the taking and detention of the plaintiff’s goods on the demised premises.

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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1880, No. 115. Replevin, by J. P. Reifsneider against Powers & Weightman and James K. Jimison. The .sheriff returned nihil hahent as to Powers & Weightman. The narr. alleged the taking and detention of the plaintiff’s goods on the demised premises. The defendant Jimison filed his cognisance, acknowledging the taking by him, as bailiff of Powers & Weightman, of the plaintiff’s goods, on the demised premises, as a distress for rent then due and in arrears to Powers & Weightman by their tenants of the said premises,…

1Opinion of the CourtJustice Mercur

This complaint is against the plaintiff in error, as bailiff of Powers & Weightman. As such he distrained, for the non-payment of rent, goods on the premises demised by them to Hall & Richardson. The warrant issued, and the distress was made on the 20th of April 1878.

That rent was then due and unpaid is found as a fact. That the goods of the defendant in error found thereon were liable to distress for the rent, cannot, under numerous authorities, be questioned: Karns v. McKinney, 24 P. F. Smith 387.

What, then, is the grievance of which the defendant in error complained, and which he sought to…

2Cases cited2 opinions

  1. M'Kinney v. ReaderSupreme Court of Pennsylvania · 1837
  2. Quinn v. WallaceSupreme Court of Pennsylvania · 1841

3Cited by3 opinions

  1. National Cash Register Co. v. AnsellSuperior Court of Pennsylvania · 1936
  2. Commonwealth to Use v. Breckenridge (Et Al.)Superior Court of Pennsylvania · 1943
  3. Holland Furnace Co. v. Ealer, Pennsylvania Court of Common Pleas, Northampton County1933

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