Guinn v. Vitte
Superior Court of Pennsylvania
Appeal, No. 48, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., Jan. T., 1914, No. 1499, on verdict for plaintiff in case of Fred M. Guinn v. Paul Vitte. Replevin for the head and hide of a deer. Before Reid, J. At the trial it appeared that the plaintiff claimed the head and the hide under an agreement made with the defendant at the time the two men started on a hunting trip, that the one who first shot a deer should have the trophies.
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Appeal, No. 48, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., Jan. T., 1914, No. 1499, on verdict for plaintiff in case of Fred M. Guinn v. Paul Vitte. Replevin for the head and hide of a deer. Before Reid, J. At the trial it appeared that the plaintiff claimed the head and the hide under an agreement made with the defendant at the time the two men started on a hunting trip, that the one who first shot a deer should have the trophies. There was evidence that the deer was wounded by both hunters, but that it escaped and was shortly afterwárds killed- by a third hunter.…
1Opinion of the Court
Opinion by
Trexler, J.,
This is an action of replevin. '
There are three errors alleged.
First: The trial judge admitted as prima facie proof of value of the articles replevied, the affidavit which the plaintiff filed under the 2d Section of the Act of March 19,1903, P. L. 39, amending Section 8 of the Act of April 19, 1901, P. L. 88. The act provides, “In order to determine the amount of bail, the plaintiff shall make an affidavit of the value of the goods and chattels which value shall be the cost to the defendant of replacing them should the issue be decided in his favor.”
Ex parte affidavits…
2Cases cited6 opinions
- Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
- Gibbs v. BartlettSupreme Court of Pennsylvania · 1841
- Duroth Manufacturing Co. v. CauffielSupreme Court of Pennsylvania · 1914
- Herdic v. YoungSupreme Court of Pennsylvania · 1867
- Pittsburg's AppealSupreme Court of Pennsylvania · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ladner v. Forman and FriessSuperior Court of Pennsylvania · 1932
- Royal Batting & Felting Co. v. KleinSuperior Court of Pennsylvania · 1941
- Automobile Securities Co. v. SwisshelmSupreme Court of Pennsylvania · 1920
- Hershey v. LoveSupreme Court of Pennsylvania · 1923
- Automobile Securities Co. v. SwisshelmSuperior Court of Pennsylvania · 1920
1 more not listed; retrieve them via the Exa API.