Legal Opinion

Davis v. Davis

Pennsylvania Court of Common Pleas, Montour County

Decided October 7, 1889No. 191PublishedCited by 18 opinions

No. 191 July Term-1888, Sup. Ct.; court below, No. 68 February Term 1886, C. P. On February 11, 1886, William H. Davis brought trespass against Maria Davis, Joshua Davis and J. W. Weidenhamer, and on February 5, 1887, filed a declaration averring that on July 22,1884, the defendants with force and arms took,.carried away and converted certain goods and chattels of the plaintiff, and damage therefrom.

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No. 191 July Term-1888, Sup. Ct.; court below, No. 68 February Term 1886, C. P. On February 11, 1886, William H. Davis brought trespass against Maria Davis, Joshua Davis and J. W. Weidenhamer, and on February 5, 1887, filed a declaration averring that on July 22,1884, the defendants with force and arms took,.carried away and converted certain goods and chattels of the plaintiff, and damage therefrom. The defendants on March 26, 1887, pleaded not guilty, and on September 21, 1887, filed a special plea averring that the goods and chattels mentioned in the declaration were lawfully seized and…

1Opinion of the Court

Opinion,

Mb. Justice Williams :

This action is brought to recover the value of goods dis-trained and sold. The distress was for arrears of dower charged upon the land held by the plaintiff below under a decree in partition. The amount to be paid to the widow annually was fixed by the decree. The sum distrained for was honestly due and unpaid. The goods seized were on the premises bound for the payment of the money and were liable to seizure and sale for the arrears due. The plaintiff’s right to recover in the court below rested on the single technical rule brought to the attention of the court…

2Cases cited2 opinions

  1. Brisben v. WilsonSupreme Court of Pennsylvania · 1869
  2. Briggs v. LargeSupreme Court of Pennsylvania · 1858

3Cited by18 opinions

  1. Snyder v. BoringSuperior Court of Pennsylvania · 1897
  2. Justice v. MeekerSuperior Court of Pennsylvania · 1906
  3. Sookiasian v. Swift Co. Inc.Superior Court of Pennsylvania · 1930
  4. Manegold v. QuinnSuperior Court of Pennsylvania · 1911
  5. State Ex Rel. Myers v. HodgeWest Virginia Supreme Court · 1947

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