Brockway Motor Truck Co. v. Smith

Smith, P. J.,

This case arises from a rule to quash a writ of replevin. The reasons advanced by the defendant are: (1) The truck claimed in the declaration filed was not the truck described in the writ as originally drawn; (2) the affidavit of value was invalid because there was no averment of authority filed by the person signing it. The plaintiff filed a petition to amend the affidavit of value to set forth the authority of the agent, which was allowed.

The declaration properly described the truck that was seized thereunder.

There is no merit in either objection taken by the defendant.

In…