Rannes v. Brusman

This is an appeal on questions of law from the Court of Common Pleas of Montgomery county. The action was one in replevin wherein the plaintiffs sought to recover certain chattel property from the defendant.

The record discloses that the petition and affidavit in replevin were filed on August 8, 1947; and on August 11, 1947, the property was seized by the sheriff, taken into his custody and no redelivery bond was posted by the defendant.

On September 5, 1947, the defendant filed a motion to set aside the writ of replevin for the sole reason that the affidavit was not sworn to positively but…