Legal Opinion

M'Geary v. Raymond

Superior Court of Pennsylvania

Decided July 25, 1901No. Appeal, No. 146PublishedCited by 1 opinion

Appeal, No. 146, Oct. T., 1899, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1899, No. 781, on verdict for defendant in case of Ann M’Geary v. Jacob Raymond, Constable, and Henry G. Freeman, Landlord. Replevin for goods distrained for rent. The facts are set forth in the opinion of the Superior Court.

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Appeal, No. 146, Oct. T., 1899, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1899, No. 781, on verdict for defendant in case of Ann M’Geary v. Jacob Raymond, Constable, and Henry G. Freeman, Landlord. Replevin for goods distrained for rent. The facts are set forth in the opinion of the Superior Court. At the trial when Elliston M. Slemmer was on the stand he was asked this question: “ Q. What did you distrain on ? ” Objected to on the ground that there is no authority shown to this man to make any distress. Objection overruled. Exception noted for plaintiff. [1]…

1Opinion of the Court

Opinion by

Beaver, J.,

A somewhat careful analysis of the facts in this case is necessary in order to an understanding of the questions of law which are raised by the several specifications of error. The plaintiff brought replevin against the constable and landlord for goods held under a distress for rent for premises No. 1711 North Fifteenth street, which had been leased by one of the defendants to one, Mary McGeary, a daughter of the plaintiff. Defendants filed an avowry “leased to Mary A. McGeary, rent in arrear and distress.” The original distress was made September 12, 1899, and a writ of…

2Cases cited3 opinions

  1. Woglam v. CowperthwaiteSupreme Court of the United States · 1790
  2. Franciscus v. ReigartSupreme Court of Pennsylvania · 1835
  3. Ball v. PennSuperior Court of Pennsylvania · 1899

3Cited by1 opinion

  1. M. H. Pickering Co. v. LichtensteinSuperior Court of Pennsylvania · 1916

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