Legal Opinion

Kinney v. Russo

Pennsylvania Court of Common Pleas, Lawrence County

Decided December 16, 1977No. 122 of 1971Published

1Opinion of the Court

PER CURIAM,

— Before this court is plaintiffs preliminary objection in the nature of a motion to strike and a demurrer to defendant’s counterclaim.

FACTUAL BACKGROUND

Plaintiff, Leo Kinney, filed a complaint in replevin in 1971 seeking to regain his personal property taken by distraint by defendant, Theresa Russo. Defendant filed a preliminary objection in the nature of a demurrer to this complaint. The preliminary objection was dismissed on June 16, 1975.

In August of 1977, defendant filed an answer to plaintiffs replevin complaint claiming that Mr. Kinney’s property is properly held by Theresa…

2Cases cited9 opinions

  1. Shalet v. KlauderCourt of Appeals for the Third Circuit · 1929
  2. Furbush v. ChappellSupreme Court of Pennsylvania · 1884
  3. Hay v. PatrickCourt of Appeals for the Third Circuit · 1935
  4. In Re Uni-Lab, Inc., Bankrupt, York & Foster, Inc.Court of Appeals for the Third Circuit · 1960
  5. Greenberg v. Goldman Stores Corp.Superior Court of Pennsylvania · 1935

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