Balog v. McGurl

Newcomb, J.,

The action is replevin. The subject-matter is a miner’s jack hammer of a designated type. Either the original or the intervening defendant gave a claim property bond for the purpose of retaining possession of the implement. That brought on this motion. Plaintiff filed an affidavit under the Act of April 14, 1905, P. L. 163. His averment is that “by reason of the nature of such property and the circumstances connected with his alleged ownership thereof, the actual pecuniary value of such property will not compensate him for the loss thereof.”

It is not apparent how this can be so.…