Automobile Securities Co. v. Swisshelm

Citations

• 269 Pa. 153
• 112 A. 56
• 1920 Pa. LEXIS 784

Syllabus

<p>Replevin — Practice, Q. P. — Affidavit of value — Bond—Corporation — No necessity to aver — Authority of agent to malee affidavit— Acts of April 19,1901, P. L. 88, and MoA-ch 19, 1908, P. L. 89.</p> <p>1. The statutory provision as to the affidavit of value provided by the replevin Acts of April 19,1901, P. L. 88, and March 19,1903, P. L. 39, is merely a direction to the prothonotary, outlining the practice to be followed by him in fixing the bail, and defects in such affidavit are not fatal to the replevin.</p> <p>2. .The omission in the affidavit of value of the words “which shall be the cost to the defendant of replacing them” is not fatal to the replevin.</p> <p>3. Where a suit in replevin is instituted by a corporation, the proceedings are not rendered fatally defective because the affidavit of value fails to show the authority of the agent who made the affidavit.</p> <p>4. If it appears that the person who made the affidavit was the attorney who filed the writ and statement, that the affidavit was endorsed on the statement, and a supplemental affidavit of the president, filed by permission of the court, stated the officer was in fact the agent of the corporation, defendant has no ground for complaint.</p> <p>5. The rules which govern appeal affidavits and affidavits of defense, do not govern affidavits of value in replevin proceedings.</p>