Ewald v. Fidelity Title & Trust Co.

Citations

• 43 Pa. Super. 593
• 1910 Pa. Super. LEXIS 104

Syllabus

<p>Landlord and tenant — Distress—Illegal distress — Picking lock.</p> <p>1. Where a landlord and his agent picks the lock of an outer door of the demised premises for the purpose of distraining the tenant’s goods he commits an illegal act and the distress thus made is contrary to law and invalid.</p> <p>2. In an action of replevin for goods distrained under a'landlord’s warrant, the undenied averments of the statement of claim are admissible in evidence at the trial, if it appears that the landlord himself in his lifetime had sworn to the affidavit of defense. Such a ruling is vindicated by see. 6 of the Act of April 19, 1901, P. L. 88.</p> <p>3. Where in an action of replevin the plaintiff offers the undenied averments of the statement of claim, and an objection to the offer is overruled, but no exception is taken to the action of the court, the ruling cannot be assigned for error nor can it be reviewed on a motion for judgment for defendant non obstante veredicto.</p>