Mountcastle v. Schumann

Opinion by

Flood, J.,

The defendant constable, authorized by the defendant landlords to distrain upon the personal property of the plaintiffs for rent in arrears, went to the apartment house in which they occupied a second floor apartment. Mr. Mountcastle, the husband plaintiff, met the constable on the stairway. The constable handed him the notice of distraint but did not enter the premises, view the goods or take physical possession of them. The tenants filed a writ of replevin with bond against the constable and the landlords to recover the goods. At the trial the plaintiffs obtained a…