Legal Opinion

Automobile Securities Co. v. Swisshelm

Supreme Court of Pennsylvania

Decided December 31, 1920No. Appeal, No. 177PublishedCited by 4 opinions

Appeal, No. 177, Oct. T., 1920, by defendant, from judgment of Superior Court, April T., 1920, No. 82, reversing order of C. P. Allegheny Co., Oct. T., 1919, No. 884, quashing writ of replevin, in case of Automobile Securities Co. v. John A. Swisshelm. Appeal from Superior Court. The opinion of the Supreme Court states the facts. The Superior Court reversed the order quashing writ. Defendant appealed. Error assigned, among others, was judgment of Superior Court, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

Plaintiff, the Automobile Securities Company, leased a motor car to John H. Swisshelm, defendant; the latter refused to pay the rental or return the car, as required by the lease; whereupon the former filed a bond and obtained a writ of replevin under the Act of April 19, 1901, P. L. 88. Defendant made no objection to the bond, and, refusing to file counter security, allowed the sheriff to deliver the automobile to plaintiff; but, subsequently, he entered a rule to quash the writ, on the ground of an alleged defect in the affidavit of value. The Common Pleas…

2Cases cited1 opinion

  1. Guinn v. VitteSuperior Court of Pennsylvania · 1916

3Cited by4 opinions

  1. Newman v. Globe Indemnity Co.Supreme Court of Pennsylvania · 1923
  2. Brockway Motor Truck Co. v. Smith, Pennsylvania Court of Common Pleas, Philadelphia County1931
  3. Degillio v. Goeringer, Pennsylvania Court of Common Pleas, Luzerne County1966
  4. Midwest Commercial Credit Co. v. Woloszyn, Pennsylvania Court of Common Pleas, Westmoreland County1928

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