Ball v. Penn
Superior Court of Pennsylvania
Appeal, No. 40, April T., 1898, by defendants, from judgment of C. P. Venango Co., Aug. T., 1897, No. 5, on verdict for plaintiff. Opinion by Beeber, J. Replevin. Before Criswell, P. J. It appears from tbe record and evidence that defendant had leased certain premises to Homer Ball, that pending negotiations for a renewal of the lease Ball and his wife, the plaintiff in this case, removed the household goods from the premises.
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Appeal, No. 40, April T., 1898, by defendants, from judgment of C. P. Venango Co., Aug. T., 1897, No. 5, on verdict for plaintiff. Opinion by Beeber, J. Replevin. Before Criswell, P. J. It appears from tbe record and evidence that defendant had leased certain premises to Homer Ball, that pending negotiations for a renewal of the lease Ball and his wife, the plaintiff in this case, removed the household goods from the premises. The defendant followed the goods with a distraint and Ida Ball, wife of the tenant, replevied, claiming the goods as her own. There was evidence tending to show that…
1Opinion of the Court
Opinion by
Beebes, J.,
The question in this case is whether the personal property of a married woman which has been removed from demised premises can be followed by the landlord of her husband and a distress levied upon it for rent in arrear. No authority is needed for the general proposition that the exercise of the right of distress for rent in arrear must be had whilst the goods are upon the demised premises, and that all goods upon the premises, whether belonging to, the tenant or other persons, with some exceptions designed to aid in the encouragement of trade not necessary to mention…
2Cases cited5 opinions
- Thompson v. MusserSupreme Court of the United States · 1789
- Mackinley v. M'GregorSupreme Court of Pennsylvania · 1838
- Owens v. ShovlinSupreme Court of Pennsylvania · 1887
- Michener v. CavenderSupreme Court of Pennsylvania · 1861
- Grant & McLane's AppealSupreme Court of Pennsylvania · 1863
3Cited by6 opinions
- Harrop v. LutzSuperior Court of Pennsylvania · 1913
- Walsh v. Philadelphia BourseSuperior Court of Pennsylvania · 1907
- M'Geary v. RaymondSuperior Court of Pennsylvania · 1901
- Pickering v. BreenSuperior Court of Pennsylvania · 1906
- Swaney v. DoumontSuperior Court of Pennsylvania · 1910
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