Cassidy v. Elias
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county: Of May Term 1879, No. 13. Replevin by Samuel Elias against Andrew Cassidy, to recover the value of certain goods, distrained for rent in arrear, by said Cassidy, as bailiff of Charles G. Scholl, the landlord of plaintiff. The narr. charged that the defendant did, and still does, detain the goods against gages, pledges, &c.
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Error to the Court of Common Pleas of Lycoming county: Of May Term 1879, No. 13. Replevin by Samuel Elias against Andrew Cassidy, to recover the value of certain goods, distrained for rent in arrear, by said Cassidy, as bailiff of Charles G. Scholl, the landlord of plaintiff. The narr. charged that the defendant did, and still does, detain the goods against gages, pledges, &c. The defendant filed an avowry, and the plaintiff in his replication averred, “the goods seized are not distrainable, and no rent in arrear.” The material facts were these: Samuel Elias was adjudged a bankrupt on the…
1Opinion of the CourtJustice Gordon
This was an action of replevin brought by Samuel Elias, the plaintiff below, for the recovery of the value of certain goods dis-trained, for rent in arrear, by Andrew Cassidy, the defendant, as bailiff of Charles G. Scholl, the landlord of the plaintiff. The narr. charges that the plaintiff did, and still does, detain the goods against gages, &c., as it is technically denominated, in the detinet. The defendant made cognisance, and the plaintiff, in answer, plead that the goods seized were not distrainable, and that there was no rent in arrear.
On this kind of pleading the parties went to…
2Cited by2 opinions
- Pickering v. YatesSuperior Court of Pennsylvania · 1912
- Wensel v. ReedSuperior Court of Pennsylvania · 1947