Legal Opinion

Jackson v. Blair, Inc.

Pennsylvania Court of Common Pleas, Philadelphia County

Decided April 30, 1927No. 1533Published

1Opinion of the Court

Taulane, J.,

This is an action of replevin by a tenant against his landlord for goods distrained for rent in arrear.

The affidavit of defence is drawn in accordance with Rule 68, recently adopted by the Courts of Common Pleas, which reads as follows: “In all actions of replevin, in which the defendant does not claim ownership of the property replevied but claims a lien upon the property or a right therein under distraint for rent, the defendant shall assert such claim in his affidavit of defence, in like manner and form as is required for counter-claims in actions of assumpsit under the…

2Cases cited9 opinions

  1. Drumgoole v. LyleSuperior Court of Pennsylvania · 1906
  2. Higgins Carpet Co. v. LatimerSupreme Court of Pennsylvania · 1895
  3. Bair & Gazzam, Lim. v. HubarttSupreme Court of Pennsylvania · 1891
  4. McCrary v. McCullySuperior Court of Pennsylvania · 1921
  5. American Structural Steel Co. v. Annex Hotel Co.Supreme Court of Pennsylvania · 1910

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