McElroy v. Dice
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was .a suit by Peter Dice against A. McElroy and Thomas Lister'for an excessive distress. The declaration contained three counts. 1. On the statute for an excessive distress. 2. For an excessive distress at common law. 3. Trover for the articles distrained. Plea was, not guilty with leave, &c. A. McElroy was the agent of David H. Mason, the landlord, who resided out of the state.
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Error to the District Court, Philadelphia. This was .a suit by Peter Dice against A. McElroy and Thomas Lister'for an excessive distress. The declaration contained three counts. 1. On the statute for an excessive distress. 2. For an excessive distress at common law. 3. Trover for the articles distrained. Plea was, not guilty with leave, &c. A. McElroy was the agent of David H. Mason, the landlord, who resided out of the state. Thomas Lister was the constable who made the distress. Dice rented the premises from a former agent of the landlord, for eight years from the 1st of April, 1840, for…
1Opinion of the Court
The opinion of the court was delivered, by
Lewis, J.
This is an action for an excessive distress. The Warrant was issued by McElroy, the agent of the landlord, and was executed by Lister, the constable. The rent claimed was $475, which included the sum of $75 stated to be “for nine months’ rent from April 1, 1847, to January 1, 1848.” During this period of time only fifty dollars rent had become payable, according to the terms of the lease. So' that it was clear that for the nine months stated, the landlord distrained for twenty-five dollars more rent than was payable to him. The sum of $400…
2Cited by16 opinions
- Santiago v. McElroyDistrict Court, E.D. Pennsylvania · 1970
- Givens v. W. J. Gilmore Drug Co.Supreme Court of Pennsylvania · 1939
- Gross v. FoxDistrict Court, E.D. Pennsylvania · 1972
- Mortgage B. & L. Ass'n v. Van SciverSupreme Court of Pennsylvania · 1931
- In Re Mount Holly Paper Co.Court of Appeals for the Third Circuit · 1940
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