Pickering Co. v. Lutz
Superior Court of Pennsylvania
Appeal, No. 189, April T., 1917, by plaintiff from judgment of C. P. Allegheny Co., April T., 1916, No. 448, on verdict for defendants in case of M. H. Pickering Company v. H. H. Lutz, defendant and Silas P. Sadler, Rufus Martin, and J. J. Devine, Intervening defendants. Replevin for household goods. Before Carnahan, J. From the record it appeared that the goods replevied were the same goods which are described in the report of H. M. Pickering Co. v. Lutz, supra.
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Appeal, No. 189, April T., 1917, by plaintiff from judgment of C. P. Allegheny Co., April T., 1916, No. 448, on verdict for defendants in case of M. H. Pickering Company v. H. H. Lutz, defendant and Silas P. Sadler, Rufus Martin, and J. J. Devine, Intervening defendants. Replevin for household goods. Before Carnahan, J. From the record it appeared that the goods replevied were the same goods which are described in the report of H. M. Pickering Co. v. Lutz, supra. The goods were taken in distress under a landlord’s warrant which was in the following form: The Commonwealth of Pennsylvania, ss-'…
1Opinion of the Court
Opinion by
Trexler, J.,
This case involves the same question as we have considered in May, Stern & Company v. Lintner, 40 April Term, 1917. We there held following Pickering Co. v. Lichtenstein, 64 Pa. Superior Ct. 78, that the landlord’s warrant which directs the constable to distrain upon the goods of the tenant will support a distress of the goods of a stranger on the demised premises. See also Pickering v. Hendershot, No. 172, April Term, 1917.
The other question is whether a constable under a warrant which is directed to him “or next constable” can legally deputize or appoint a person not a…
2Cases cited3 opinions
- Franciscus v. ReigartSupreme Court of Pennsylvania · 1835
- Jones v. GundrimSupreme Court of Pennsylvania · 1842
- M. H. Pickering Co. v. LichtensteinSuperior Court of Pennsylvania · 1916
3Cited by5 opinions
- Reinhart v. GerhardtSuperior Court of Pennsylvania · 1943
- Derbyshire Bros. v. McManamySuperior Court of Pennsylvania · 1930
- Commonwealth v. AbramsSuperior Court of Pennsylvania · 1928
- Walter v. JenkinsSuperior Court of Pennsylvania · 1927
- Walter v. Jenkins, Pennsylvania Court of Common Pleas, Schuylkill County1927