Rockwood and Co. v. Pusey

Opinion by

Keller, J.,

We agree with the learned court below that set-off is not admissible as a defense in replevin: General Motors Truck Co. v. Philadelphia Paving Co., 248 Pa. 499, 503; National Cash Register Co. v. Cochran, 22 Pa. Superior Ct. 582, 586; and that an affidavit of defense in a pending suit in replevin may not be used as a petition for a declaratory judgment under the Act of June 18, 1923, P. L. 840. That act contemplates a distinct proceeding by petition, not the grafting of an application for a declaratory judgment on a pending action at law.

We are not satisfied, however,…