Commonwealth v. Lintott
Superior Court of Pennsylvania
Appeal, No. 323, Oct. T., 1915, by defendants, from order of Municipal Court Philadelphia Co., Aug. T., 1915, No. 492, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Louis I. Bellow, trading as Auto Transit Company v. Francis J. Lintott, et al. Assumpsit on a counterbond in replevin. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 323, Oct. T., 1915, by defendants, from order of Municipal Court Philadelphia Co., Aug. T., 1915, No. 492, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Louis I. Bellow, trading as Auto Transit Company v. Francis J. Lintott, et al. Assumpsit on a counterbond in replevin. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Head, J.,
The present plaintiff caused a writ of replevin to issue out of the Court of Common Pleas No. 1 of Philadelphia County against Lintott, one of the defendants, to recover possession of an automobile alleged to be wrongfully detained by him. After service of the writ on the latter, he filed a counterbond and retained- possession of the car. The plaintiff then filed his statement of claim and served notice of the time within which an affidavit of defense must be made in order to prevent a judgment. No such affidavit having been filed, the plaintiff, as was his right, caused a…
2Cited by10 opinions
- Gaspero v. GentileSuperior Court of Pennsylvania · 1946
- May, Stern & Co. v. LintnerSuperior Court of Pennsylvania · 1917
- Lower Yoder Township School District v. Title Trust & Guarantee Co.Supreme Court of Pennsylvania · 1935
- Automobile Finance Co. v. ReeseSuperior Court of Pennsylvania · 1920
- Royal Batting & Felting Co. v. KleinSuperior Court of Pennsylvania · 1941
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