Clements v. Dempsey
Superior Court of Pennsylvania
Appeal, No. 137, Nov. T., 1896, by A. B. Van.ce, bailiff, from order of C. P. No. 2, Phila. Co., Dec. T., 1895, No. 336, refusing rule for judgment for want of a sufficient affidavit cf defense. Assumpsit on replevin bond.
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Appeal, No. 137, Nov. T., 1896, by A. B. Van.ce, bailiff, from order of C. P. No. 2, Phila. Co., Dec. T., 1895, No. 336, refusing rule for judgment for want of a sufficient affidavit cf defense. Assumpsit on replevin bond. It appears from tbe statement that on November 25, 1895, Vance as bailiff for the landlord distrained goods upon premises of Mary H. Skeffington for $77.00 arrears of rent, whereupon Michael A. Dempsey issued a writ of replevin for certain goods on said premises, and Henry Jones became surety on the replevin bond and the goods were delivered to Dempsey. A rule was…
1Opinion of the Court
Opinion bt
Rice, P. J.,
To entitle the plaintiff in an action upon a bond, conditioned for the performance of collateral acts, to a judgment for want of an affidavit of defense' his statement of claim must not only allege the breach in clear and unequivocal language, but must also set out the damages specifically, so that upon judgment by default they may be liquidated with certainty: Com. v. Yeisley, 6 Pa. Superior Ct. 273; Byrne v. Hayden, 124 Pa. 170 ; Barr v. McGary, 131 Pa. 401. In an action upon a replevin bond it is held, that, if the judgment is de retorno habendo, the value of the…
2Cases cited5 opinions
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
- Balsley v. HoffmanSupreme Court of Pennsylvania · 1850
- Barr v. McGarySupreme Court of Pennsylvania · 1890
- Pittsburgh National Bank of Commerce v. HallSupreme Court of Pennsylvania · 1884
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- Commonwealth ex rel. Amusement Centers, Inc. v. Dratt, Pennsylvania Court of Common Pleas, Bucks County1966
- Oppenheim v. KreimerSuperior Court of Pennsylvania · 1941
- Ruggles v. American Surety Co., Pennsylvania Court of Common Pleas, Bradford County1931