M'Geary v. Raymond

Citations

• 17 Pa. Super. 308
• 1901 Pa. Super. LEXIS 308

Syllabus

<p>Lease — United States revenue stamps — Evidence.</p> <p>Where a lease, properly stamped, is offered in evidence, it will be presumed that the stamps were affixed at the time they purport to have been, unless that presumption be overcome by affirmative evidence which will rebut it.</p> <p>Landlord and tenant — Distress—Parol authority.</p> <p>A distress may be made by a bailiff upon parol authority.</p> <p>Assignments of error — Failure to print papers in paper-book — Replevin.</p> <p>The Superior Court cannot pass upon assignments of error relating to papers offered in evidence, where such papers are not printed in the paper-books.</p> <p>Replevin — Distress—Landlord and tenant.</p> <p>In an action of replevin for goods distrained under a landlord’s warrant where it appears that a previous writ of replevin for the same goods had been quashed, and thereafter the goods distrained had been removed from the leased premises, and that a constable without making any new distress and without any adjournment upon the day fixed for the sale originally, and without entering the premises, posted a bill upon the house, advertising the property for sale, and thereupon the second writ of replevin was issued, two questions should be submitted to the jury, first, whether the goods belonged to the plaintiff, and second, whether their removal was made in good faith, or clandestinely for the purpose of removing the goods from the lien of the distress for rent. If the goods belonged to the plaintiff, and their removal was made openly and in good faith, there was no authority for following them.</p> <p>Assignments of error — Grouping of points.</p> <p>An assignment of error which charges error “in not reading the points submitted by counsel for plaintiff, and in declining to charge as requested in the following points of charge ” setting forth seven distinct points, as to some of which the court was correct in declining to charge, and as to some of which there might be some doubt, is