Hazlett v. Mangel
Superior Court of Pennsylvania
Appeal, No. 151, April T., 1898, by defendant, from judgment of O. P. Butler Go., March T., 1898, No. 16, on verdict for plaintiff. Trespass to recover damages for the value of property which plaintiff contends that defendant sold and took from him in the execution of a landlord’s warrant. Before Rayburn, P. J., of the 33d judicial district, specially presiding. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 151, April T., 1898, by defendant, from judgment of O. P. Butler Go., March T., 1898, No. 16, on verdict for plaintiff. Trespass to recover damages for the value of property which plaintiff contends that defendant sold and took from him in the execution of a landlord’s warrant. Before Rayburn, P. J., of the 33d judicial district, specially presiding. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $565. Defendant appealed. . JSJrrors assigned among others were (1) the court in the general charge erred in giving too much weight to…
1Opinion of the Court
Opinion by
Smith, J.,
This action of trespass was brought to recover the value of goods distrained and sold under a landlord’s warrant. The plaintiff was a son of the tenant and claimed to be the owner of the property sold, and the defendant acted as constable or bailiff in executing the warrant. The property was on the demised premises and in the joint possession of the tenant and the plaintiff, when the rent fell due and the distress was made. The defendant proceeded to sell as if on an ordinary writ of execution. No appraisement of the property was made, or waived by the tenant or the owner.
A…
2Cases cited1 opinion
- Wyke v. WilsonSupreme Court of Pennsylvania · 1896
3Cited by2 opinions
- Sookiasian v. Swift Co. Inc.Superior Court of Pennsylvania · 1930
- Oliver v. WheelerSuperior Court of Pennsylvania · 1904