Legal Opinion

Chicago & Allegheny Oil & Mining Co. v. Barnes

Supreme Court of Pennsylvania

Decided January 3, 1870PublishedCited by 2 opinions

October 22d 1869. Before Thompson, 0. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of -Common Pleas of Venango county: No. 132, to October and November Term 1869. This was an action of replevin by S. A. Barnes against the Chicago and Allegheny Oil Company, the Garden City Petroleum Company, Honoré & Walker and others, for a frame house, two stories high, on lot No. 74 Holmden street, Pithole City.

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October 22d 1869. Before Thompson, 0. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of -Common Pleas of Venango county: No. 132, to October and November Term 1869. This was an action of replevin by S. A. Barnes against the Chicago and Allegheny Oil Company, the Garden City Petroleum Company, Honoré & Walker and others, for a frame house, two stories high, on lot No. 74 Holmden street, Pithole City. The writ was issued' October 17th 1867. The sheriff returned that he bad served the writ and delivered to the plaintiff the goods described in it. The defendants avowed the taking…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

To a general avowry in replevin, the plaintiff pleaded non demiserunt, and no rent in arrear. These were the only issues which the jury were impannelled to try. The questions, therefore, whether a tenant’s fixtures can be distrained, and *447whether replevin can be maintained for them, do not arise upon this record. These form the staple of the first five assignments of error, which are therefore dismissed.

The sixth assignment is, that the court erred in charging that the deed of March 80th 1866, between Chittenden and wife, and. Ira Y. Munn,…

2Cited by2 opinions

  1. Employers' Liability Assurance Corp. v. OlesOhio Court of Appeals · 1932
  2. Hessel v. Johnson, Pennsylvania Court of Common Pleas, Philadelphia County1891

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