Page v. Middleton
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 408 January Term 1887, Sup. Ct.; court below, No. 824 December Term 1884, C. P. No. 2. The case below was an action of replevin brought on January-22, 1885, by Harlan Page against George W. Middleton and Wm. H. Branson (bailiff) for a corundum wheel and knife grinder distrained by Middleton as landlord for rent in arrear from his tenants, Bonta & Fredericks, and claimed to be the property of the plaintiff.
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ERROR TO THE COURT OE COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 408 January Term 1887, Sup. Ct.; court below, No. 824 December Term 1884, C. P. No. 2. The case below was an action of replevin brought on January-22, 1885, by Harlan Page against George W. Middleton and Wm. H. Branson (bailiff) for a corundum wheel and knife grinder distrained by Middleton as landlord for rent in arrear from his tenants, Bonta & Fredericks, and claimed to be the property of the plaintiff. At the trial of the issue formed, on November 8, 1886, before Mitchell, J., evidence was adduced for the purpose of…
1Opinion of the Court
Opinion,
Mr. Justice Clabk:
The general rule of the common law, as well as the proper construction of our statute of March 21, 1772, is, that whatever goods may be found upon demised premises may be distrained for the rent, whether they belong to the tenant, or under tenant, or to a stranger. This rule, however, is subject to a variety of exceptions, and it is contended that the goods replevied are embraced within these exceptions, and were privileged from distress.
Harlan Page, the plaintiff below, is a merchant in machinery and machinery supplies in the city of Philadelphia. Thomas S. Quay is…
2Cases cited2 opinions
- Karns v. McKinneySupreme Court of Pennsylvania · 1874
- Howe Sewing Machine Co. v. SloanSupreme Court of Pennsylvania · 1878
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- Tinware Manufacturing Co. v. DuffSuperior Court of Pennsylvania · 1900
- Wanamaker & Brown v. CarterSuperior Court of Pennsylvania · 1903
- Baldwin Piano Co. v. Moyer, Pennsylvania Court of Common Pleas, Schuylkill County1925
- Clothier v. BraithwaiteSuperior Court of Pennsylvania · 1903
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