Legal Opinion

Senft v. McIlvain

Superior Court of Pennsylvania

Decided July 20, 1910No. Appeal, No. 9PublishedCited by 1 opinion

Appeal, No. 9, March T.,' 1910, by defendant, from judgment of C. P. York Co., Oct. T., 1908, No. 37, on verdict for plaintiffs in case of Samuel Senft and William Senft, trading as Samuel Senft & Son, v. James K. Mcllvain. Trespass to recover damages for wrongful distress when no rent was due.

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Appeal, No. 9, March T.,' 1910, by defendant, from judgment of C. P. York Co., Oct. T., 1908, No. 37, on verdict for plaintiffs in case of Samuel Senft and William Senft, trading as Samuel Senft & Son, v. James K. Mcllvain. Trespass to recover damages for wrongful distress when no rent was due. Before Bittenger, P. J. Plaintiffs’ statement was as follows: The plaintiffs, Samuel Senft and William- Senft, trading and doing business as Samuel Senft & Son, by their attorneys James G. Glessner and Kerwin W. Altland, claim damages of the defendant James K. Mcllvain, constable, in the sum of…

1Opinion of the Court

Opinion by

Beaver, J.,

The trial in the court below was in an action of trespass for an illegal distraint for rent alleged to be in arrear, under the provisions of the act of March 21, 1772.

The plaintiffs below in their statement, acknowledging themselves as the tenants of one E. W. Senft, allege that he “then and there wrongfully and injuriously seized, took, and distrained certain goods and chattels, to wit, one black horse of the plaintiffs, then found being in and upon the said premises, with the appurtenances, of the value of one hundred and forty dollars, and sold said .black horse on the…

2Cases cited1 opinion

  1. Thomas v. GibbonsSuperior Court of Pennsylvania · 1902

3Cited by1 opinion

  1. Joseph C. Baram v. Robert Farugia, Glenn S. Hackett and Dennis Fredella, Robert Farugia and Glenn S. HackettCourt of Appeals for the Third Circuit · 1979

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