Pickering v. Breen

Citations

• 31 Pa. Super. 280
• 1906 Pa. Super. LEXIS 206

Syllabus

<p>Landlord and tenant — Distress—Removal of goods in nighttime.</p> <p>A tenant after taking possession of a residence bought some furniture for use therein. Shortly aftenvards he removed from the house, locked it, and turned the key over to a stranger. Upon his removal he asked the dealer, who sold him the furniture, to take it back. When the tenant left rent was due, and a constable at the instance of the landlord made several ineffectual attempts to levy on the goods between sunrise and sunset. The furniture dealer secured the key to the house, and while he was attempting after sunset to remove the furniture, the constable levied upon it before it reached the pavement. Held, that the distress was a lawful one.</p>