Legal Opinion

Brumbaugh v. Feldman

Superior Court of Pennsylvania

Decided May 11, 1911No. Appeal, No. 31PublishedCited by 8 opinions

Appeal, No. 31, April T., 1911, by plaintiff, from judgment of C. P. Yenango Co., Nov. Term, 1908, No. 44, on verdict for defendant in case of Homer Brumbaugh v. Bertha Feldman and W. A. Maitland. Replevin for goods seized by a warrant of distress.

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Appeal, No. 31, April T., 1911, by plaintiff, from judgment of C. P. Yenango Co., Nov. Term, 1908, No. 44, on verdict for defendant in case of Homer Brumbaugh v. Bertha Feldman and W. A. Maitland. Replevin for goods seized by a warrant of distress. The court charged in part as follows: [Now Mrs. Feldman claims here, and that is her contention, that these parties were attempting to remove from the premises, and there is no controversy about the fact that Mr. Brumbaugh was there with his rig to take the stuff away.] [2] [It had not been actually removed from the premises but if what was done at…

1Opinion of the Court

Opinion by

Henderson, J.,

This is an action of replevin by which the plaintiff *15asserted his title to the personal property described in the writ which had been theretofore distrained for rent by Bertha Feldman, the lessor. The house in which the goods were was leased by Mrs. Feldman to one John A. Hedberg by lease dated March 6, 1908, wherein a term was granted to the lessee for one year, beginning April 1, 1908. The rent for the term was $180, payable in equal monthly payments in advance. The lease contained the following provision: “Any removal or attempted removal from said premises by the…

2Cases cited3 opinions

  1. Platt, Barber & Co. v. JohnsonSupreme Court of Pennsylvania · 1895
  2. Goodwin v. SharkeySupreme Court of Pennsylvania · 1875
  3. Seyfert v. BeanSupreme Court of Pennsylvania · 1877

3Cited by8 opinions

  1. National Cash Register Co. v. AnsellSuperior Court of Pennsylvania · 1936
  2. Peirce v. HoffstotSuperior Court of Pennsylvania · 1967
  3. Moretti v. Zanfino Et Ux.Superior Court of Pennsylvania · 1937
  4. Harrop v. LutzSuperior Court of Pennsylvania · 1913
  5. Manufacturers' Finance Acceptance Corp. v. Jordan Distributors, Inc.Superior Court of Pennsylvania · 1933

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