Smith v. Meanor
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Washington county, in which the plaintiff in error was defendant below,, and a verdict, and judgment passed against him. ■ It was a suit brought by Samuel Meanor against John Smith, under the proviso contained in the third section of the act of the 21st of March, 1772, to recover double damages for a distress and sale, where, it was alleged, no rent was in arrear and due.
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IN ERROR. Writ of error to the Court of Common Pleas of Washington county, in which the plaintiff in error was defendant below,, and a verdict, and judgment passed against him. ■ It was a suit brought by Samuel Meanor against John Smith, under the proviso contained in the third section of the act of the 21st of March, 1772, to recover double damages for a distress and sale, where, it was alleged, no rent was in arrear and due. It appeared by articles of agreement, that the plaintiff rented a farm from Judge Redice for seven years from the 1st of Jlpril, 1822, at the annual rent of fifty-six…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
Whether an action of trover can be joined with an action founded on the act of assembly for distraining for rent, where there is no rent due or in arrear, and which gives double the value of the goods distrained in damages, is a question raised on this record. Although the two first counts do not conclude against the form of the act, they refer to the act; and it sufficiently appears they are counts on that act, statutory actions, on which, if the tenant recovers, he is to have judgment for double the value of the goods.
*377It seems to be a rule,…
2Cited by2 opinions
- Orr v. HadleySupreme Court of New Hampshire · 1858
- People ex rel. Drew v. Judges of the Circuit CourtMichigan Supreme Court · 1844