Exler v. Wickes Bros.

Citations

• 263 Pa. 150
• 106 A. 233
• 1919 Pa. LEXIS 389

Syllabus

<p>Replevin — Notice to intervene — Parties—Res adjudicata — Bankruptcy.</p> <p>1. One who has notice of a replevin suit brought to determine the ownership of property upon which he claims a lien and authorizes the defendant in the suit, a trustee in bankruptcy, who is in possession of the property, to take such steps as will protect the former’s rights, is concluded by the result of the litigation although he does not intervene as a party, and the defendant permits the ease to go by default.</p> <p>2. Where the decree of a court of competent jurisdiction has passed upon a question in which different persons are interested, such decree is conclusive, as a general rule, against all parties to the controversy who had a right and an opportunity to be heard.</p> <p>3. A suit determines not only what was, but what might have been litigated therein.</p> <p>Judgment — Affidavit of defense — Judgment by default.</p> <p>4. A judgment for want of an affidavit of defense, or for other default, is as conclusive as one entered on a verdict.</p>