Dermott v. Wallach
Supreme Court of the United States
Charles Si Wallach brought replevin in the Circuit' Court for the District of Columbia against Ann R. Dermott. In his declaration the plaintiff averred that' certain articles of household furniture were taken by the defendant and detained against sureties and pledges. The defendant pleaded Jhat “the goods-.and chattels in the declaration mentioned áre not the property of the said plaintiff, and of this she puts herself on the country.”
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Charles Si Wallach brought replevin in the Circuit' Court for the District of Columbia against Ann R. Dermott. In his declaration the plaintiff averred that' certain articles of household furniture were taken by the defendant and detained against sureties and pledges. The defendant pleaded Jhat “the goods-.and chattels in the declaration mentioned áre not the property of the said plaintiff, and of this she puts herself on the country.” The defendant also avowed the taking .of the goods for rent in arrear, setting out the lease, and the amount due thereon. To the avowry the plaintiff replied…
1Opinion of the CourtJustice Nelson
This action was replevin, brought by the plaintiff below, Wallach, against the defendant, for taking certain goods and chattels of the plaintiff from a house called the Avenue House, situated in the city of Washington.
The defendant pleaded:. 1. That the goods and chattels in the declaration mentioned were not the property of the plain-, tiff. 2. Avowed the taking, by way of distress, for rent due and in arrear, under special circumstances stated, concluding with a verification. 3. Like avowal for rent due and in arrear generally.
The plaintiff .replied tó the first avowry, no rent in arrear…
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- Clode v. SonsAppellate Division of the Supreme Court of the State of New York · 1922