Commonwealth Finance Corp. v. Kramer
Supreme Court of Pennsylvania
Appeal, No. 118, Jan. T., 1921, by plaintiff, from order of C. P. Northampton Co., April T., 1920, No. 47, discharging rule for judgment for want of a sufficient affidavit of defense, in case of Commonwealth Finance Corporation v. L. Kramer. Replevin for an automobile. Rule for judgment for want of a sufficient affidavit of defense. Before McKeen, J. The opinion of the Supreme Court states the facts. Rule discharged. Plaintiff appealed.
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Appeal, No. 118, Jan. T., 1921, by plaintiff, from order of C. P. Northampton Co., April T., 1920, No. 47, discharging rule for judgment for want of a sufficient affidavit of defense, in case of Commonwealth Finance Corporation v. L. Kramer. Replevin for an automobile. Rule for judgment for want of a sufficient affidavit of defense. Before McKeen, J. The opinion of the Supreme Court states the facts. Rule discharged. Plaintiff appealed. Error assigned, inter alia, was order, quoting it.
1Opinion of the Court
Per Curiam,
Plaintiff’s action of replevin was to recover possession of a Wescott automobile which it alleges it owned and placed with the Stability Motors Company for storage. Defendant filed a claim property bond and also an affidavit of defense. Plaintiff thereupon ruled defendant to show cause why judgment should not be entered for want of a sufficient affidavit of defense, which rule was discharged by the court below and plaintiff appealed.
The Practice Act of May 14, 1915, P. L. 483, does not apply. The proceeding being replevin, the Act of April 19, 1901, P. L. 88, governs. The affidavit…
2Cases cited1 opinion
- Willys-Overland, Inc. v. StrySuperior Court of Pennsylvania · 1921
3Cited by4 opinions
- Russ Soda Fountain Co. v. Victor Pastry Shoppe, Inc.Superior Court of Pennsylvania · 1936
- Benner v. Underkoffler, Pennsylvania Court of Common Pleas, Dauphin County1937
- H. Kandel & Co. v. Leibovich, Pennsylvania Court of Common Pleas, Philadelphia County1931
- Marx v. Perrus, Pennsylvania Court of Common Pleas, Westmoreland County1927