Legal Opinion

North v. Gately

Superior Court of Pennsylvania

Decided February 20, 1914No. Appeal, No. 238Published

Appeal, No. 238, Oct. T., 1913, by plaintiff, from order of C. P. No. 3, Pbila. Co., June Term, 1912, No. 2,525, discharging rule for judgment for want of a sufficient affidavit of defense in case of F. A. North v. August Gately & Guarantee Storage Company. Replevin for a piano. Rule for judgment for want of a sufficient affidavit of defense. The averments of the affidavit of defense are sufficiently set forth in the opinion of the Superior Court.

Read the full summary

Appeal, No. 238, Oct. T., 1913, by plaintiff, from order of C. P. No. 3, Pbila. Co., June Term, 1912, No. 2,525, discharging rule for judgment for want of a sufficient affidavit of defense in case of F. A. North v. August Gately & Guarantee Storage Company. Replevin for a piano. Rule for judgment for want of a sufficient affidavit of defense. The averments of the affidavit of defense are sufficiently set forth in the opinion of the Superior Court. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

Opinion by

Henderson, J.,

This is an appeal from the refusal of the court below to enter judgment for want of á sufficient affidavit of defense in an action of replevin. The subject of the replevin was a piano which the plaintiff claimed to have leased to August Gately, one of the defendants. The defense set forth in the affidavit is that the piano is the *269property of Gately’s wife; that she obtained title to it from the plaintiff under a contract in writing in part and in parol in part; that the terms of the contract had been complied with by Mrs. Gately and that no right of property existed in…

2Cases cited1 opinion

  1. Johnson v. GroffSuperior Court of Pennsylvania · 1903

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API