Ehrhart v. Esbenshade
Superior Court of Pennsylvania
Appeal, No. 62, Oct. T., 1912, by plaintiff, from order of C. P. Lancaster Co., Jan. T., 1909, No. 40, setting off one judgment against another in case of Alexander Ehrhart v. Christian B. Esbenshade. Rule to set off one judgment against another.
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Appeal, No. 62, Oct. T., 1912, by plaintiff, from order of C. P. Lancaster Co., Jan. T., 1909, No. 40, setting off one judgment against another in case of Alexander Ehrhart v. Christian B. Esbenshade. Rule to set off one judgment against another. Before Hassler, J. From the record it appeared that the application was to set off a judgment in assumpsit of Christian B. Esbenshade v. Alexander Ehrhart in C. P. Lancaster County, August Term, 1910, No. 80, against the judgment in tort of Alexander Ehrhart v. Christian B. Esbenshade in C. P. Lancaster County, Jan. Term, 1909, No. 40. The amount of…
1Opinion of the Court
Opinion by
Orlady, J.,
There is no dispute between the parties in regard to the facts in this case. Christian B. Esbenshade was the landlord of Alexander Ehrhart, and as tenant Ehrhart was in arrears for rent. The landlord issued his warrant and delivered it to the sheriff, and that official in executing the landlord’s warrant made a mistake. The seizure was regular, the statutory requirements were literally complied with, save that a Sunday happened within the statutory *260period, so that the goods of the tenant were appraised a day too soon and the landlord was a trespasser: Davis v. Davis, 128…
2Cases cited3 opinions
- Davis v. Davis, Pennsylvania Court of Common Pleas, Montour County1889
- Leitz v. HohmanSupreme Court of Pennsylvania · 1904
- Ehrhart v. EsbenshadeSupreme Court of Pennsylvania · 1911
3Cited by3 opinions
- Kisthardt, to Use v. BettsSupreme Court of Pennsylvania · 1936
- Smith's EstatePennsylvania Orphans' Court, Fulton County · 1937
- State Mutual Benefit Society v. Jackson, Pennsylvania Court of Common Pleas, Delaware County1929