Ramsdell v. Seybert
Superior Court of Pennsylvania
Appeal, No. 66, Oct. T., 1904, by defendant, from order of G. P. No. 3, Pbila. Co., Sept. T., 1901, No. 2729, making absolute rule -for judgment for want of a sufficient affidavit of defense in case of James G. Ramsdell v. Harry W. Seybert. Replevin for a piano.
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Appeal, No. 66, Oct. T., 1904, by defendant, from order of G. P. No. 3, Pbila. Co., Sept. T., 1901, No. 2729, making absolute rule -for judgment for want of a sufficient affidavit of defense in case of James G. Ramsdell v. Harry W. Seybert. Replevin for a piano. Plaintiff in his statement averred: That he is a dealer in pianos and on June 18,1901, leased unto Hattie B. Lutz a Decker Brothers. piano, No. 9861, of the value of $150, which was placed in her residence, 1605 South Bancroft street; that in order to claim the benefits of the act of assembly approved May, 13, 1876, entitled: “An act…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s statement of claim clearly sets forth his title to the property. That title does not arise from nor depend upon the lease to Mrs. Lutz. The action is not brought upon the lease, and the reference to it in the declaration was apparently made in anticipation of a defense which might be set up. It was not necessary, therefore, to set forth the lease in terms. The defendant does not deny the plaintiff’s title to the property, *136but alleges by way of defense that it was seized on a distress for rent, and sold at public sale by virtue of the landlord’s warrant…
2Cases cited5 opinions
- Esterly Machine Co. v. SpencerSupreme Court of Pennsylvania · 1892
- Snyder v. BoringSuperior Court of Pennsylvania · 1897
- McElroy v. DiceSupreme Court of Pennsylvania · 1851
- Murphy v. ChaseSupreme Court of Pennsylvania · 1883
- Kyler v. ChristmanSuperior Court of Pennsylvania · 1903
3Cited by9 opinions
- Sookiasian v. Swift Co. Inc.Superior Court of Pennsylvania · 1930
- Manegold v. QuinnSuperior Court of Pennsylvania · 1911
- Lundberg v. HemphillSuperior Court of Pennsylvania · 1931
- Walter v. JenkinsSuperior Court of Pennsylvania · 1927
- Industrial Loan Society, Inc. v. ReedSuperior Court of Pennsylvania · 1935
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