H. L. Braham & Co. v. Surrell

Opinion by

Keller, J.,

The H. L. Braham & Co., appellant, issued a writ of replevin against W. W. Surrell and J. Albert Kramer to recover possession of an Auburn sedan automobile, serial No. 24469A, motor No. 5-8097. The sheriff replevied the car from Kramer, in whose possession he found it, and delivered it to the plaintiff. Surrell was dead, and the writ, as to him, was returned “nihil habet.”

The plaintiff filed a declaration, which did not comply with the directions of the Replevin Act of April 19, 1901, P. L. 88, Section 4, providing that the declaration shall consist of a concise…