MOUNTCASTLE v. SCHUMANN


205 Pa.Super. 21 (1964)

Mountcastle v. Schumann et al., Appellants.

Superior Court of Pennsylvania.

December 16, 1964.


Attorney(s) appearing for the Case

Karl D. Enzian, for appellants.

David R. Levin, for appellees.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY FLOOD, J., December 16, 1964:

The defendant constable, authorized by the defendant landlords to distrain upon the personal property of the plaintiffs for rent in arrears, went to the apartment house in which they occupied a second floor apartment. Mr. Mountcastle, the husband plaintiff, met the constable on the stairway. The constable handed him the notice of distraint but did not enter the premises, view the goods or take physical possession of them. The...

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