Bandel v. Erickson
Superior Court of Pennsylvania
Appeal, No. 16, Nov. T., 1896, by plaintiff, from judgment of C. P. No. 3, Phila. Co., June T., 1893, No. 540, on verdict for defendant. Replevin for goods distrained for rent. Before FinletTER, P. J. The above suit was an action of replevin by William Bandel ■for goods distrained for rent. Defendant filed an avowry and cognizance, and plaintiff’s pleas were “payment,” “no rent in arrear,” and “ non est factum.” The lease was given by Walter R. Kern, agent.
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Appeal, No. 16, Nov. T., 1896, by plaintiff, from judgment of C. P. No. 3, Phila. Co., June T., 1893, No. 540, on verdict for defendant. Replevin for goods distrained for rent. Before FinletTER, P. J. The above suit was an action of replevin by William Bandel ■for goods distrained for rent. Defendant filed an avowry and cognizance, and plaintiff’s pleas were “payment,” “no rent in arrear,” and “ non est factum.” The lease was given by Walter R. Kern, agent. June 18, 1893, Walter R. Kern dis-trained for rent which should have been paid to trustees of the owner of the property, William H. Kern,…
1Dissent
Dissenting opinion by
Rice, P. J.,
January 18, 1897:
This was an action of replevin for goods distrained for rent. In the plaintiff’s declaration Walter R. Kern is described as landlord, and J. H. Jones as constable. The former avowed and the latter made cognizance, and justified the taking “ because they say that one Charles L. Bandel for a long time, .... held and enjoyed the said dwelling-house in which the said goods and chattels were contained, with the appurtenances, as tenant thereof under the said Walter R. Kern, defendant, by virtue of a certain lease dated the 12th day of September,…
2Cases cited4 opinions
- Alexander v. HarrisSupreme Court of the United States · 1808
- Steiner v. Erie Dime Savings & Loan Co.Supreme Court of Pennsylvania · 1881
- Bloomer v. JuhelNew York Supreme Court · 1832
- Lovegrove v. ChristmanSupreme Court of Pennsylvania · 1894