Hornberger v. Henry

Berks County Court of Common Pleas

Hornberger v. Henry

2 Pa. D. & C. 76, 1921 Pa. Dist. & Cnty. Dec. LEXIS 209

CourtPennsylvania Court of Common Pleas, Berks County

DecidedNovember 7, 1921

DocketNo. 5

StatusPublished

This text of 2 Pa. D. & C. 76 (Hornberger v. Henry) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hornberger v. Henry, 2 Pa. D. & C. 76, 1921 Pa. Dist. & Cnty. Dec. LEXIS 209 (Pa. Super. Ct. 1921).

Pincite

Opinion

Wagner, J.,

Upon a judgment in ejectment obtained by the plaintiff against the defendant, plaintiff issued a writ of habere facias posses-sionem with fi. fa. for costs, and defendant was dispossessed by the sheriff. The sheriff’s costs were taxed, a hearing held, and an appeal taken by the defendant from the retaxation of the costs. The defendant claims that the three items of costs, Harvey E. Helder, hauling, $36.75, Junior Eire Company, ambulance, $3, and J. R. Anderson, storage, $10, were unreasonable and illegal.

The Act of July 11, 1901, § 1, P. L. 663, makes the following provision for costs in cases of this kind: “For executing writs of habere facias, liberari facias, dower, possession, or any possessory process requiring the delivery of possession of real estate or the ejecting or dispossessing of any person or persons or their effects, $5 and mileage, and reasonable costs for help, when absolutely necessary, in addition to costs of sale when made.”

This provides reasonable costs for help when absolutely necessary. The help for which reasonable costs are allowed is the help that is necessary to dispossess the party in possession of the premises, if resistance is made, and to merely remove from the premises defendant’s goods. It does not include the hauling of the goods to some storage-house, the storage paid by the sheriff, or the hire of an ambulance to remove some sick occupant of the premises to a hospital.

The appeal is sustained, at the costs of the plaintiff.

Prom Wellington M. Bertolet, Reading, Ra.

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Wagner, J.,

Upon a judgment in ejectment obtained by the plaintiff against the defendant, plaintiff issued a writ of habere facias posses-sionem with fi. fa. for costs, and defendant was dispossessed by the sheriff. The sheriff’s costs were taxed, a hearing held, and an appeal taken by the defendant from the retaxation of the costs. The defendant claims that the three items of costs, Harvey E. Helder, hauling, $36.75, Junior Eire Company, ambulance, $3, and J. R. Anderson, storage, $10, were unreasonable and illegal.

The Act of July 11, 1901, § 1, P. L. 663, makes the following provision for costs in cases of this kind: “For executing writs of habere facias, liberari facias, dower, possession, or any possessory process requiring the delivery of possession of real estate or the ejecting or dispossessing of any person or persons or their effects, $5 and mileage, and reasonable costs for help, when absolutely necessary, in addition to costs of sale when made.”

This provides reasonable costs for help when absolutely necessary. The help for which reasonable costs are allowed is the help that is necessary to dispossess the party in possession of the premises, if resistance is made, and to merely remove from the premises defendant’s goods. It does not include the hauling of the goods to some storage-house, the storage paid by the sheriff, or the hire of an ambulance to remove some sick occupant of the premises to a hospital.

The appeal is sustained, at the costs of the plaintiff.

Prom Wellington M. Bertolet, Reading, Ra.

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Bluebook (online)

2 Pa. D. & C. 76, 1921 Pa. Dist. & Cnty. Dec. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hornberger-v-henry-pactcomplberks-1921.