Riddle v. Welden
Supreme Court of Pennsylvania
IN ERROR. This was a writ of Error to the District Court for the City and County of Philadelphia, to remove the record of an action of replevin brought by John S. Riddle, against Washington Wei den, for certain articles of furniture. • On the trial in the Court below, the'jury found the following facts as a special verdict: “ That the defendant was the bailiff of James Simpson at the time of the distress.
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IN ERROR. This was a writ of Error to the District Court for the City and County of Philadelphia, to remove the record of an action of replevin brought by John S. Riddle, against Washington Wei den, for certain articles of furniture. • On the trial in the Court below, the'jury found the following facts as a special verdict: “ That the defendant was the bailiff of James Simpson at the time of the distress. That there was due to the said James Simpson from the said Mary Harrison for rent in arrear, at the time of the said distress, of the premises in question, the sum of one hundred and…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The case submitted by this verdict falls distinctly within the principle of Brown v. Sims, (17 Serg. & Rawle, 138,) that, for the benefit of trade, a thing put upon rented premises by a customer in the way of the tenant’s business, is privileged from distress. The principle is a growing one, and embraces every case which can be brought at all within it. It sprung from necessity in the first instance, and began with the exemption of a guest’s effects at an inn, because, as it was said, the innkeeper is bound to receive them; and the…
2Cases cited1 opinion
- Brown v. SimsSupreme Court of Pennsylvania · 1828
3Cited by5 opinions
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- Oliver v. WheelerSuperior Court of Pennsylvania · 1904