Griesmer v. Hill
Superior Court of Pennsylvania
Appeal, No. 30, Jan. T., 1908, by defendant, from order of C. P. Luzerne Co., Oct. T., 1906, No. 321, discharging rule to strike off judgment in case of Jacob Griesmer v. James Lewis Hill and James C. Hill. Rule to strike off judgment. Ferris, J., filed the following opinion: On July 6, 1906, the plaintiff sued out a writ of replevin, returnable on the second Monday of September, 1906, for certain chattels alleged to be in the possession of the defendants.
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Appeal, No. 30, Jan. T., 1908, by defendant, from order of C. P. Luzerne Co., Oct. T., 1906, No. 321, discharging rule to strike off judgment in case of Jacob Griesmer v. James Lewis Hill and James C. Hill. Rule to strike off judgment. Ferris, J., filed the following opinion: On July 6, 1906, the plaintiff sued out a writ of replevin, returnable on the second Monday of September, 1906, for certain chattels alleged to be in the possession of the defendants. On the same day he filed his declaration verified by his affidavit. On the next day, July 7, the writ was served on the defendants, as was…
1Opinion of the Court
Per Curiam,
The question raised by this appeal was well worthy of consideration. It has received such consideration in the opinion filed by the learned judge below, and while there is much plausibility in the argument presented by appellant’s counsel in support of their position, we are nevertheless led to conclude that the court below properly construed the statute as entitling the plaintiff, to a judgment at the time it was entered. The reasons for this conclusion are fully and clearly set f.orth in the .opinion of the learned judge, in which we concur.
The judgment is affirmed.