Commonwealth v. Lintott

Citations

• 71 Pa. Super. 401
• 1919 Pa. Super. LEXIS 122

Syllabus

<p>Replevin — Bond—Principal and surety — Counterclaim.</p> <p>Where a plaintiff in replevin proceedings obtained a judgment against the defendant, the sureties on the replevin bond cannot set up, as a defense, in an action on such judgment, a counterclaim which, it is alleged, the principal had against the plaintiff.</p> <p>Practice, replevin — Insufficient affidavit of defense.</p> <p>In an action against the sureties on a replevin bond, an affidavit of defense is insufficient, which avers as a defense, a counterclaim of the principal, which was never assigned to the defendants, and which was not advanced as a defense in the original proceedings.</p>