Drumgoole v. Lyle
Superior Court of Pennsylvania
Appeal, No. 229, Oct. T., 1905, by plaintiff, from order of O. P. No. 5, Phila. Co., Sept. T., 1904, No. 3,956, sustaining demurrer to statement in case of Joseph P. Drumgoole v. Franklin L. Lyle, Trustee in Bankruptcy, and Otto Zimmerman, Constable. Replevin for furniture.
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Appeal, No. 229, Oct. T., 1905, by plaintiff, from order of O. P. No. 5, Phila. Co., Sept. T., 1904, No. 3,956, sustaining demurrer to statement in case of Joseph P. Drumgoole v. Franklin L. Lyle, Trustee in Bankruptcy, and Otto Zimmerman, Constable. Replevin for furniture. The plaintiff’s amended statement after setting forth the articles seized continued as follows: “ On the said November 18,1904, Franklin L. Lyle and Otto Zimmerman, defendants, entered upon the said premises, 942 Belmont avenue, and wrongfully seized and took out of plaintiff’s possession and into their own possession all…
1Opinion of the Court
Opinion by
Henderson, J.,
Replevin is the appropriate action whenever a person claims goods in the possession of another, without regard to the manner in which the possession was obtained. The question is one *466of property, either general or special, and right of possession. The act of March 21, 1772, 1 Sm. L. 870, provided a new practice to work out the rights of landlords and tenants in the case of a replevin after a distress for rent, but this does not confer upon the court the power as to the action itself. The Act of April 19, 1901, P. L. 88, does not except from its operation any action of…
2Cited by28 opinions
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- Young v. CoucheSuperior Court of Pennsylvania · 1913
- Pickering v. YatesSuperior Court of Pennsylvania · 1912
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