Wensel v. Reed

Opinion by

Arnold, J.,

Plaintiff filed affidavit of value and statutory bond in the sum of $1370.00 and issued a writ of replevin to obtain possession of an automobile held by the defendant. No declaration was then filed. The defendant promptly gave a counterbond and retained possession of the vehicle.

Stopping at this point, if the defendant intended to stand upon a lien he had no right to give a counterbond and keep possession, for his lien was fully protected by the plaintiff’s bond: McCrary v. McCully, 75 Pa. Superior Ct. 464; Pickering v. Yates, 51 Pa. Superior Ct. 436. Indeed in Cassidy v.…