Thomas v. Gibbons
Superior Court of Pennsylvania
Appeal, No. 8, Oct. T., 1902, by-defendant, from judgment of C. P. Delaware Co., June T., 1900, No. 117, on verdict for plaintiff in case of J. Miller Thomas v. Lydia Gibbons, I. Engle Cochran, Jr., and Job Wheaton. Trespass for wrongful distress.
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Appeal, No. 8, Oct. T., 1902, by-defendant, from judgment of C. P. Delaware Co., June T., 1900, No. 117, on verdict for plaintiff in case of J. Miller Thomas v. Lydia Gibbons, I. Engle Cochran, Jr., and Job Wheaton. Trespass for wrongful distress. From the record it appeared that two separate actions were brought by the plaintiff against the defendant, in the first of which the plaintiff claimed damages for an excessive distress, both as to the amount claimed, and the quantum of the distress, and in the second of which he claimed damages for a wrongful seizure of goods on a groundless claim…
1Opinion of the Court
Opinion by
Smith, J.,
Aside from the remedy by replevin, the tenant’s redress for a wrongful distress is under the statute of Marlbridge, A. D. 1267 (Roberts’s Digest, 170) ; under our act of assembly of March 21,1772, section 3 (1 Sm. L. 370) ; and at common law.
The statute of Marlbridge provides that “Distresses shall be reasonable, and not too great. And he that taketh great and unreasonable distresses shall be grievously amerced for the excess of such distresses.” The grievous amercement thus provided for corresponds in substance to the exemplary or punitive damages of the present day. At…
2Cases cited6 opinions
- M'Kinney v. ReaderSupreme Court of Pennsylvania · 1837
- McElroy v. DiceSupreme Court of Pennsylvania · 1851
- Richards v. McGrathSupreme Court of Pennsylvania · 1882
- Royse v. MaySupreme Court of Pennsylvania · 1880
- Spencer v. ClinefelterSupreme Court of Pennsylvania · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Givens v. W. J. Gilmore Drug Co.Supreme Court of Pennsylvania · 1939
- Bisk Candy Co. v. StoutSupreme Court of Pennsylvania · 1927
- Commonwealth to Use v. Breckenridge (Et Al.)Superior Court of Pennsylvania · 1943
- Senft v. McIlvainSuperior Court of Pennsylvania · 1910
- Lanier v. White, Pennsylvania Court of Common Pleas, Washington County1936