Legal Opinion

Reece v. Rodgers

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 158PublishedCited by 7 opinions

Appeal, No. 158, April T., 1909, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1905, No. 102, on verdict for plaintiff in case of George M. Reece v. Sadie F. Rodgers and William J. Morris. Trespass to recover damages for an alleged illegal distress in sale. Before Brown, P. J. The facts appear by the opinion of the Superior Court.

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Appeal, No. 158, April T., 1909, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1905, No. 102, on verdict for plaintiff in case of George M. Reece v. Sadie F. Rodgers and William J. Morris. Trespass to recover damages for an alleged illegal distress in sale. Before Brown, P. J. The facts appear by the opinion of the Superior Court. At the trial the plaintiff presented the following points: 1. The goods levied on in this case having been in the custody of the sheriff by virtue of the fieri facias issued at No. 10, April Term, 1905, the plaintiff has no right of action and…

1Opinion of the Court

Opinion by

Morrison, J.,

This was an action of trespass brought to recover damages against the defendants for an alleged illegal sale of plaintiff’s personal property by virtue of a landlord’s warrant issued on be*175half of Sadie F. Rodgers to William H. Morris, he being a constable. The learned court below practically directed a verdict in favor of the plaintiff for $1,174 and directed the jury to add interest at the rate of six per cent to that amount from the date of the alleged trespass to the date of verdict. The jury obeyed this instruction and returned a verdict for $1,434.24, $260.24 of…

2Cases cited12 opinions

  1. Richards v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1889
  2. Philadelphia Ball Club, Ltd. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1899
  3. Shevalier v. Postal Telegraph Co.Superior Court of Pennsylvania · 1903
  4. Welsh v. BellSupreme Court of Pennsylvania · 1858
  5. Dixon v. White Sewing M. Co., Pennsylvania Court of Common Pleas, Cumberland County1889

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3Cited by7 opinions

  1. Fahrer v. BlumenthalSuperior Court of Pennsylvania · 1936
  2. Moody v. Monroeville Medical Arts Building (In Re Allegheny Nursing Service, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1982
  3. B. F. Lee Co. v. ShermanSuperior Court of Pennsylvania · 1910
  4. Commonwealth v. Weglein, Pennsylvania Court of Common Pleas, Philadelphia County1934
  5. Philadelphia Drying Machinery Co. v. KummererSuperior Court of Pennsylvania · 1913

2 more not listed; retrieve them via the Exa API.

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