Oliver v. Wheeler
Superior Court of Pennsylvania
Appeal, No. 157, April T., 1904, by defendant, from judgment of C. P. Erie Co., on verdict for plaintiff in case of Margaret Oliver v. J. E. Wheeler, Constable and Eva J. Hill-Erey. Trespass for the wrongful taking and selling of a piano. Before Lindsey, P. J. The opinion of the Superior Court states the case. Error assigned among others was refusal of binding instructions for defendant.
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Appeal, No. 157, April T., 1904, by defendant, from judgment of C. P. Erie Co., on verdict for plaintiff in case of Margaret Oliver v. J. E. Wheeler, Constable and Eva J. Hill-Erey. Trespass for the wrongful taking and selling of a piano. Before Lindsey, P. J. The opinion of the Superior Court states the case. Error assigned among others was refusal of binding instructions for defendant. Under the declaration and the evidence trespass cannot be maintained, replevin being the remedy for the acts complained of: Lengert Co. v. B. & L. Assn., 15'Pa. Superior Ct. 380 ; Clark v. Lindsay, 7 Pa.…
1Opinion of the Court
Opinion by
Oklady, J.,
This action of trespass .was brought by Margaret Oliver against J. E. Wheeler and Eva J. Hill-Frey to recover damages for the value of a piano owned by the plaintiff, and seized and sold by J. E. Wheeler. The plaintiff recovered a verdict of *7$363.50. Miss Oliver was a boarder at the Phcenix Hotel, conducted by Oliver English, and of which Mrs. Frey was the owner. There being rent in arrear, a landlord’s warrant was placed by Mrs. Frey in the hands of Wheeler, a constable, who levied upon a piano of the plaintiff’s, which was in a room in the hotel occupied exclusively by…
2Cases cited18 opinions
- Wiest v. Electric Traction Co.Supreme Court of Pennsylvania · 1901
- Commonwealth v. Keenan & ClarkSupreme Court of Pennsylvania · 1871
- Dutton v. Lansdowne BoroughSupreme Court of Pennsylvania · 1901
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1875
- Karns v. McKinneySupreme Court of Pennsylvania · 1874
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- Manegold v. QuinnSuperior Court of Pennsylvania · 1911
- Walter v. Jenkins, Pennsylvania Court of Common Pleas, Schuylkill County1927