Willys-Overland, Inc. v. Stry
Superior Court of Pennsylvania
Appeal, No. 13, March T., 1921, by plaintiff from judgment of C. P. Luzerne County, Oct. T., 1919, No. 392, discharging rule for judgment for want of a sufficient affidavit of defense in the case of Willys-Overland, Inc., assigned to Continental Guaranty Corporation, v. Fritz Stry. Replevin for motor truck. Before Strauss, J. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 13, March T., 1921, by plaintiff from judgment of C. P. Luzerne County, Oct. T., 1919, No. 392, discharging rule for judgment for want of a sufficient affidavit of defense in the case of Willys-Overland, Inc., assigned to Continental Guaranty Corporation, v. Fritz Stry. Replevin for motor truck. Before Strauss, J. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Plaintiff appealed. Error assigned was the order of the court. — The affidavit of defense was insufficient:…
1Opinion of the Court
Opinion by
Keller, J.,
This is an action of replevin. The Practice Act of 1915, (May 14, 1915, P. L. 483), therefore, does not apply. It is governed by the Replevin Act of April 19, 1901, Pi L. 88. There is no provision in the latter act, such as is contained in the Practice Act of 1915, that every allegation of fact in the plaintiff’s statement of claim, if not denied specifically or by necessary implication in the affidavit of defense, shall be taken to be admitted. Accordingly decisions based upon that provision in the Act of 1915, such as Eberbach v. Clyde Steamship Co., 74 Pa. Superior Ct.…
2Cases cited4 opinions
- Wilson v. Bryn Mawr Trust Co.Supreme Court of Pennsylvania · 1909
- Eberbach v. Clyde Steamship Co.Superior Court of Pennsylvania · 1920
- Baker v. TustinSupreme Court of Pennsylvania · 1914
- Heisley v. Economy Tool Manufacturing Co.Superior Court of Pennsylvania · 1907
3Cited by6 opinions
- Collins v. O'Donnell (Ins. Co.)Supreme Court of Pennsylvania · 1937
- Russ Soda Fountain Co. v. Victor Pastry Shoppe, Inc.Superior Court of Pennsylvania · 1936
- Commonwealth Finance Corp. v. KramerSupreme Court of Pennsylvania · 1922
- Powel v. KahlerSuperior Court of Pennsylvania · 1925
- Marx v. Perrus, Pennsylvania Court of Common Pleas, Westmoreland County1927
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