Swaney v. Doumont
Superior Court of Pennsylvania
Appeal, No. 127, April T., 1910, by defendants, from judgment of C. P. Butler Co., March T., 1909, No. 16, on verdict for plaintiff in case of Mary A. Swaney v. Arthur Doumont and Aaron Fisvitz. Trespass for an alleged wrongful distress and sale of goods. Before Galbreath, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $100. Defendants appealed.
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Appeal, No. 127, April T., 1910, by defendants, from judgment of C. P. Butler Co., March T., 1909, No. 16, on verdict for plaintiff in case of Mary A. Swaney v. Arthur Doumont and Aaron Fisvitz. Trespass for an alleged wrongful distress and sale of goods. Before Galbreath, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $100. Defendants appealed. Errors assigned were (3, 4, 6) the instructions quoted in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Orlady, J.,
William Swaney, the husband of the plaintiff, executed a lease for a house and lot by an agreement in writing, in which he waived the benefit of all exemption laws,.and with his wife took possession of the property and moved into it their household furnishings. The tenant defaulted in the payment of the rent and the landlord, Arthur Dumont, one of the defendants, issued a distress warrant and levied upon the personal property on the premises, when this plaintiff gave notice in writing that she claimed all the property, and further claimed as against the landlord, the…
2Cases cited7 opinions
- Myers v. EserySupreme Court of Pennsylvania · 1890
- Page v. MiddletonSupreme Court of Pennsylvania · 1888
- Ball v. PennSuperior Court of Pennsylvania · 1899
- Eberhart's AppealSupreme Court of Pennsylvania · 1861
- Rosenberger v. HallowellSupreme Court of Pennsylvania · 1860
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