Commonwealth ex rel. French v. Foley

Citations

• 74 Pa. Super. 253
• 1920 Pa. Super. LEXIS 133

Syllabus

<p>Practice, O. P. — Justices of the peace — Appeals—Actions for penalties — Wrongful detention of milk cans — Act of May k, 1889, P. L. 8k — Insufficient statement.</p> <p>The Practice Act of 1915 does not apply to appeals from justices of the peace or aldermen, and on such an appeal, in an action for a penalty, the defendant is not required to file an affidavit of defense.</p> <p>In an action for a penalty under the Act of May 4, 1889, P. L. 84, to prevent and punish the wrongful use of milk caps, the plaintiff’s statement is insufficient, when it does not aver that the milk cans, alleged to have been used by the defendant, were stamped with the name and residence of the owner, and were wilfully used by the defendant without permission of the owner.</p>