Legal Opinion

Benner v. Underkoffler

Pennsylvania Court of Common Pleas, Dauphin County

Decided April 26, 1937No. 45Published

1Opinion of the Court

Hargest, P. J.,

This is a proceeding in replevin. Plaintiff filed his declaration on January 26, 1937. Thereupon defendant presented a petition, upon which a rule was granted, for a more specific declaration as to plaintiff’s claim for damages for wrongful detention. Plaintiff thereupon filed a demurrer to the petition for a more specific declaration, on the ground that there is no authority for such a pleading under the Replevin Act of April 19, 1901, P. L. 88.

It is clear that this demurrer must be sustained. The Replevin Act of 1901 prescribes what the pleadings in replevin shall be, and the…

2Cases cited2 opinions

  1. Commonwealth Finance Corp. v. KramerSupreme Court of Pennsylvania · 1922
  2. Griesmer v. HillSuperior Court of Pennsylvania · 1908

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