Pickering Co. v. Lutz

Citations

• 67 Pa. Super. 479
• 1917 Pa. Super. LEXIS 437

Syllabus

<p>Landlord and tenant — Landlord’s warrant — Constable—Distress —Goods of stranger — Deputy.</p> <p>A landlord’s warrant which directs a constable to distrain on the goods of a tenant will support a distress of the goods of a stranger on the demised premises.</p> <p>Where a landlord’s warrant is directed to a constable, naming him “or next constable” the constable named may legally deputize or appoint a person, not a constable, to make distress thereunder.</p> <p>When a landlord directs his warrant to a constable, it does not derive any force by reason of the designation of the official title of the plaintiff and if the bailiff delegates some other person to execute the warrant and the landlord recognizes the proceedings had under the warrant, no advantage can be taken of the fact that the party executing the warrant was not a constable.</p>