Williams v. Smith
Supreme Court of Pennsylvania
Replevin in the Court of Common Pleas of Allegheny county, in which George Williams the plaintiff in error, was plaintiff below and John Smith, and Alexander M‘CUnlock, defendants, removed to this court by writ of error. The sheriff returned the goods replevied and delivered to the plaintiff, and a declaration having been filed, Smith made cognizance and M‘Clintock avowed for rent in arrear, for a house and premises situate in the city of Pittsburg.
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Replevin in the Court of Common Pleas of Allegheny county, in which George Williams the plaintiff in error, was plaintiff below and John Smith, and Alexander M‘CUnlock, defendants, removed to this court by writ of error. The sheriff returned the goods replevied and delivered to the plaintiff, and a declaration having been filed, Smith made cognizance and M‘Clintock avowed for rent in arrear, for a house and premises situate in the city of Pittsburg. They also pleaded non ceperunt. The plaintiff replied no rent in arrear. The jury found a “verdict for the defendants for 383 dollars, 30 cents,…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The defendant, M‘Clintock, avowed, and Smith, as his bailiff, made cognizance for rent in arrear, for a house and lot in Pittsburgh. The plaintiff replied no rent in arrear. The defendants pleaded non ceperunt. On the trial, the plaintiff contended, that inasmuch as by the defendants own showing, M'Clintock was himself but the tenant of Black, and the rent reserved to Black, and it not appearing whether the demise to the plaintiff was not of the whole term, and therefore, no reversionary interest appearing in MeClintock, he could not…
2Cases cited2 opinions
- Hill v. MillerSupreme Court of Pennsylvania · 1819
- United States v. JohnsonU.S. Circuit Court for the District of District of Columbia · 1833
3Cited by1 opinion
- Mitchell v. WillockSupreme Court of Pennsylvania · 1841