Cunningham v. Wilmerding Borough

Citations

• 38 Pa. Super. 20
• 1909 Pa. Super. LEXIS 86

Syllabus

<p>Replevin — Quashing writ — Act of April 3, 1779, 1 Sm. L. 470.</p> <p>1. The Act of April 3, 1779, 1 Sm. L. 470, providing for quashing writs of replevin for goods seized by public officers, has no application to a case where a police officer of a borough seizes a vehicle to compel the owner to pay a license tax, if it appears that the officer had no process issued by any court, magistrate or tribunal, and that there was no law or lawful ordinance authorizing him to make such a seizure.</p> <p>2. In such a case where the defendant’s motion to quash the writ is based on an ex parte affidavit averring that the vehicle had been abandoned on a street of the borough, and that the officer seized it to abate a nuisance, and this averment is uncertain in its terms, and is flatly contradicted by the answer, the court will refuse to quash the writ of replevin.</p>