Legal Opinion

Kessler v. M'Conachy

Supreme Court of Pennsylvania

Decided June 25, 1829PublishedCited by 14 opinions

Error to the Court of Common Pleas of Mifflin county. Frederick Kessler, ’ brought an action of replevin against James M‘Conachy for one stove of the value of twenty-five dollars. The defendant avowed for rent in arrear. The plaintiff replied, 1. No rent in arrear: 2. Non demisit. 3. If-a lease, the tenant was evicted by the landlord before the expiration of the lease, 4. That the article replevied is the property of the plaintiff, and not of John Bomhaugh, the tenant.

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Error to the Court of Common Pleas of Mifflin county. Frederick Kessler, ’ brought an action of replevin against James M‘Conachy for one stove of the value of twenty-five dollars. The defendant avowed for rent in arrear. The plaintiff replied, 1. No rent in arrear: 2. Non demisit. 3. If-a lease, the tenant was evicted by the landlord before the expiration of the lease, 4. That the article replevied is the property of the plaintiff, and not of John Bomhaugh, the tenant. Several bills of exceptions were taken on the trial. The first was to the admission of the record of David Milliken, Esq., a…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

We agree with the Court of Common Pleas, S( That the property of a stranger, found on the premises, is liable to distress by the landlord.” And this on the authority of O’Donnel v. Seybert, 13 Serg. & Rawle, 57. Weidel v. Roseberry, 13 Serg. & Rawle, 180, grounded on the principles of the common law; and, as we think, the proper construction of the act of the 1st of March, 1772, entitled an act for the sale of goods distrained for rent, &c.

Where the goods of a stranger are taken for rent, the tenant will be liable over, and the measure of…

2Cases cited6 opinions

  1. Carmack v. Commonwealth ex rel. BoggsSupreme Court of Pennsylvania · 1812
  2. Alexander v. HarrisSupreme Court of the United States · 1808
  3. Shaw v. WallisSupreme Court of Pennsylvania · 1792
  4. O'Donnel v. SeybertSupreme Court of Pennsylvania · 1825
  5. Vance v. FearissSupreme Court of Pennsylvania · 1794

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
  2. United States v. ThomasCourt of Appeals for the Tenth Circuit · 2017
  3. Whiting & Co. v. LakeSupreme Court of Pennsylvania · 1879
  4. Jackson v. EvansMichigan Supreme Court · 1857
  5. M'Coy v. LightnerSupreme Court of Pennsylvania · 1834

9 more not listed; retrieve them via the Exa API.

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