Bellow v. Lintott

Citations

• 68 Pa. Super. 452
• 1917 Pa. Super. LEXIS 147

Syllabus

<p>Replevin — Judgment by default — Issue to determine amount of damages — Set-off■—Practice.</p> <p>A judgment on a verdict for the plaintiff on the trial of an issue in replevin for an automobile, to determine the amount of damages after a general judgment for the plaintiff by default, will not he reversed on appeal by plaintiff because the court refused to charge that the defendant had no right to set off a claim for storage and for repairs, where neither the rule for the issue, nor the order made on it, is printed in the record on appeal, and it nowhere appears either from the testimony, from the charge of the court or otherwise that the court submitted to the jury any question of set-off, or in any way considered such question as of any importance to the case.</p>