Ehrhart v. Esbenshade
Supreme Court of Pennsylvania
Appeal, No. 239, Jan.. T., 1910, by defendant, from judgment of C. P. Lancaster Co., Jan. Term, 1909, No. 40, on verdict for plaintiff in case of Alexander Ehrhart v. Christian B. Esbenshade. Trespass for an alleged wrongful distress. Before Hasslee, J. The court charged in part as follows: The act of assembly requires the landlord to give notice to the tenant that he must replevy the goods within five days after the levy on the landlord’s warrant has been made.
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Appeal, No. 239, Jan.. T., 1910, by defendant, from judgment of C. P. Lancaster Co., Jan. Term, 1909, No. 40, on verdict for plaintiff in case of Alexander Ehrhart v. Christian B. Esbenshade. Trespass for an alleged wrongful distress. Before Hasslee, J. The court charged in part as follows: The act of assembly requires the landlord to give notice to the tenant that he must replevy the goods within five days after the levy on the landlord’s warrant has been made. In this case the sheriff, who was the defendant’s bailiff, made the levy on December 8, which was on a Tuesday, and at the same time…
1Opinion of the Court
Per Curiam,
The goods of the tenant were appraised a day toó soon and the landlord was a trespasser: Davis v. Davis, 128 Pa. 100. A verdict against him was unavoidable, and, though harsh as it seems to be, there is nothing in the assignments of error that would justify us in disturbing it.
Judgment affirmed.
2Cases cited1 opinion
3Cited by7 opinions
- Mulligan v. E. Keeler Co.Superior Court of Pennsylvania · 1933
- Gordon, SEC. of Banking v. Home Indem. Co.Superior Court of Pennsylvania · 1935
- Ehrhart v. EsbenshadeSuperior Court of Pennsylvania · 1913
- Quinn v. SwartleySupreme Court of Pennsylvania · 1913
- Mulligan v. E. Keeler Co., Pennsylvania Court of Common Pleas, Lycoming County1933
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