Strawbridge & Clothier v. Stiffler

Opinion by

Linn, J.,

This appeal is by defendant-landlord in replevin for a piano claimed by him as seized for rent in arrear, and taken from him by the sheriff in virtue of his writ, and delivered to the plaintiff. The case was tried by a judge without a jury; being of opinion that the landlord’s “entry was wrongful” and, the distraint therefore illegal, he gave judgment for plaintiff. Appellee’s brief agrees that the only question is the validity of the distraint.

Appellant had rented the third floor and two attic rooms of 916 Walnut Street, Philadelphia, to a tenant, who vacated the premises…