Owens v. Shovlin
Citations
- 116 Pa. 371
- 9 A. 484
- 1887 Pa. LEXIS 402
Syllabus
<p>1. The right of a landlord to follow and distrain his tenant’s goods and chattels removed from the demised premises, exists only by force of § 5 of the act of March 21, 1772, 1 Sm. L. 371; and, in the absence of a special provision in the lease otherwise, the right can be exercised only when the goods have been removed fraudulently or clandestinely.</p> <p>2. Notwithstanding there is a provision in a lease that in case of the removal of the tenant from the premises during the term, the whole rent unpaid should then become due and collectible by distress or otherwise, goods and chattels of the tenant removed from the premises cannot be distrained unless the removal was fraudulent and clandestine, which is a question of fact to be submitted to the jury.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- a claimant’s inability to complete her work assignments, although a result of poor work habits, did not constitute a conscious disregard of her employer’s interests
- “incompetence, inexperience, or inability of an employee will not constitute willful misconduct”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Gordon, Green, Meecue, Mercur, Paxson, Sterrett, Trunkey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.