Stone v. Matthews

Court for the Trial of Impeachments and Correction of Errors

Decided July 1, 1799

Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01

In this case the Supreme Court held that where the property of a boarder at a boarding-house, was not in the possession of such lodger or boarder, but in the possession and actual use of the tenant of the boarding-house, by the owner’s permission, and without the consent of the landlord, the property was not exempt from distress.

Decided 1799-07-01

¶1But the Court of Errors held, that the judgment was erroneous, and a resolution was offered and passed on the reversal, as follows : “ Resolved, that property of boarders at taverns and boarding-houses, is not liable to distress for rent although such property is not in their possession, but in the *308possession and actual use of the tenant, by their permission, and without the consent of the landlord.”

¶2This resolution was adopted by a vote of 15 to 7.

¶395= The question arose under the statute 2 R. S. 413, 2d Ed. § 15, which excepts from distress the property of boarders at taverns and boarding-houses. The Supreme Court held that this exception embraced only the “ property in use by him as a boarder.”