Bennet v. Bittle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Delaware County. In the court below, an action of replevin was brought by Lewis Bennett, the plaintiff in error, against William Bittle and Josiah Moore, the defendants in error, in which Moore made cognizance as the bailiff of Bittle, who avowed for rent in arrear. The plaintiff replied, no rent in arrear, and an eviction of part of the premises leased.
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Error to the Court of Common Pleas of Delaware County. In the court below, an action of replevin was brought by Lewis Bennett, the plaintiff in error, against William Bittle and Josiah Moore, the defendants in error, in which Moore made cognizance as the bailiff of Bittle, who avowed for rent in arrear. The plaintiff replied, no rent in arrear, and an eviction of part of the premises leased. On the trial, the defendants gave in evidence a lease from William Bittle to Lewis Bennett, dated the 9 th of February, 1830, of which the following are the material parts: “ Be it remembered, that…
1Opinion of the Court
*342The opinion of the court was delivered by
Kennedy, J.
The first exception is, that “ the court erred in charging the jury, that the lot in which the barn stood did not pass by the terms of the contract, and the legal interpretation of the lease.” The president judge is not fully represented, I think, by the terms in which this error is assigned, in what he said to the jury on this point. The words of his charge are: (His Honour here stated the words of the charge.) In this, I think, he was certainly right. And it would require, I apprehend, a case connected with peculiar and special…
2Cited by26 opinions
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