Gensbigler v. Shawley

Opinion by

Ross, J.,

This is an action of replevin for certain mining equipment. The jury returned a verdict for the plaintiff and after the defendants’ motions for new trial and judgment n. o. v. were refused, they took this appeal only from the refusal of the court below to enter judgment n. o. v.

In a replevin action the sole issue is one of title and right to possession (Royal Batting and Felting Co. v. Klein, Admrx., 149 Pa. Superior Ct. 622, 27 A. 2d 539; Koehring v. Ventresca, 334 Pa. 566, 6 A. 2d 297) and all matters foreign thereto must be excluded from consideration and are not…