Heisley v. Economy Tool Manufacturing Co.
Superior Court of Pennsylvania
Appeal, No. 158, Oct. T., 1906, by defendant, from order of C. P. No. 5, Phila. Co., March T., 1906, No. 8,506, making absolute rule for judgment for want of a sufficient affidavit of defense in case of H. E. Heisley v. the Economy Tool Manufacturing Company and the Philadelphia Boat & Engine Company. Replevin to recover possession of a planing machine and a lathe. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 158, Oct. T., 1906, by defendant, from order of C. P. No. 5, Phila. Co., March T., 1906, No. 8,506, making absolute rule for judgment for want of a sufficient affidavit of defense in case of H. E. Heisley v. the Economy Tool Manufacturing Company and the Philadelphia Boat & Engine Company. Replevin to recover possession of a planing machine and a lathe. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense was as follows : The said defendant did not derive title to either the planing machine or the lathe described in the plaintiff’s statement of…
1Opinion of the Court
Opinion by
Morrison, J.,
The action is replevin for the recovery of the possession of a planing machine of the value of $200, and a lathe of the value of $200. The writ was duly executed and the appellant entered a property bond and retained the machines. After declaration filed and an affidavit of defense on the part of the appellant, the court below on motion and argument granted judgment in favor of the plaintiff for want of a sufficient affidavit of defense. The assignments of error raise the question of the sufficiency of the declaration and of the affidavit of defense. We think the…
2Cases cited6 opinions
- Drumgoole v. LyleSuperior Court of Pennsylvania · 1906
- Miller Piano Co. v. ParkerSupreme Court of Pennsylvania · 1893
- Painter v. SnyderSuperior Court of Pennsylvania · 1903
- National Cash Register Co. v. CochranSuperior Court of Pennsylvania · 1903
- Crist v. KleberSupreme Court of Pennsylvania · 1875
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3Cited by8 opinions
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- Willys-Overland, Inc. v. StrySuperior Court of Pennsylvania · 1921
- Barnett v. FeinSuperior Court of Pennsylvania · 1909
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