Ewald v. Fidelity Title & Trust Co.
Superior Court of Pennsylvania
Appeal, No. 153, April T., 1910, by defendants, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1905, No. 685, for plaintiff non obstante veredicto in case of J. B. Ewald v. Fidelity Title & Trust Company of Pittsburg, Ella B. Kirk and Walter M. Kirk, Executors of the last will and testament of David Kirk, deceased, and D. M. Saylor, Constable. Replevin for goods alleged to have been unlawfully distrained.
Read the full summary
Appeal, No. 153, April T., 1910, by defendants, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1905, No. 685, for plaintiff non obstante veredicto in case of J. B. Ewald v. Fidelity Title & Trust Company of Pittsburg, Ella B. Kirk and Walter M. Kirk, Executors of the last will and testament of David Kirk, deceased, and D. M. Saylor, Constable. Replevin for goods alleged to have been unlawfully distrained. Verdict for defendants for $162.45. The court subsequently entered judgment for plaintiff non obstante veredicto. Errors assigned were in admitting in evidence the undenied averments…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of replevin for goods distrained under a landlord’s warrant. The plaintiff’s statement contained the following material averment, after averring his title to the goods: “Whereupon the said landlord issued a landlord’s warrant against the said plaintiff and *595levied upon the goods hereinabove designated at a time when the said plaintiff and his wife were away from the said premises, and in order to make said levy picked the lock of the kitchen door of the said apartment and entered the same and immediately took the locks off the kitchen door and the front…
2Cases cited2 opinions
- Liquid Carbonic Co. v. TrubySuperior Court of Pennsylvania · 1909
- May v. NewinghamSuperior Court of Pennsylvania · 1901
3Cited by4 opinions
- Mountcastle v. SchumannSuperior Court of Pennsylvania · 1964
- Strawbridge & Clothier v. StifflerSuperior Court of Pennsylvania · 1930
- M. E. Pickering Co. v. Friedman Realty Co.Superior Court of Pennsylvania · 1914
- In re ZurnDistrict Court, W.D. Pennsylvania · 1939