Pickering v. Yates
Superior Court of Pennsylvania
Appeal, No. 85, April T., 1912, by Emma K. Lindsay, Executrix, from order of C. P. No. 3, Allegheny Co., Aug. T., 1911, No. 258, making absolute rule to strike off bond in case of M. H. Pickering Company v. Y. M. Yates and Emma K. Lindsay, Executrix of the Estate of Homer J. Lindsay, deceased. Rule to strike off claim property bond.
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Appeal, No. 85, April T., 1912, by Emma K. Lindsay, Executrix, from order of C. P. No. 3, Allegheny Co., Aug. T., 1911, No. 258, making absolute rule to strike off bond in case of M. H. Pickering Company v. Y. M. Yates and Emma K. Lindsay, Executrix of the Estate of Homer J. Lindsay, deceased. Rule to strike off claim property bond. Kennedy, P. J., stated the facts to be as follows: On October 10, 1910, the plaintiff, being the owner of certain goods and chattels, by a bailment of that date, leased them to the defendant, Mrs. V. M. Yates, who subsequently made default in the payment of the…
1Opinion of the Court
Opinion by
Henderson, J.,
It is clear that a landlord could not give a claim property bond in an action of replevin and retain the tenant’s goods seized on a warrant of distress prior to the act of 1901. Such was the decision in Baird v. Porter, 67 Pa. 105, and Cassidy v. Elias, 90 Pa. 434. The reason is that the landlord has neither a general nor special property in the goods, nor an immediate right of possession. When a writ of replevin was served on the landlord it was his duty to deliver up the property in accordance with the mandate of the writ, and in place of the goods he obtained the…
2Cases cited5 opinions
- Drumgoole v. LyleSuperior Court of Pennsylvania · 1906
- Esterly Machine Co. v. SpencerSupreme Court of Pennsylvania · 1892
- Gray v. WilsonSupreme Court of Pennsylvania · 1835
- Baird v. PorterSupreme Court of Pennsylvania · 1871
- Cassidy v. EliasSupreme Court of Pennsylvania · 1879
3Cited by9 opinions
- McCrary v. McCullySuperior Court of Pennsylvania · 1921
- Wensel v. ReedSuperior Court of Pennsylvania · 1947
- Wilson v. Highway Service MarinelandSuperior Court of Pennsylvania · 1980
- Sork v. LabelSuperior Court of Pennsylvania · 1938
- Singer v. PintzukSuperior Court of Pennsylvania · 1913
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