Griesmer v. Hill

Citations

• 225 Pa. 545
• 74 A. 429
• 1909 Pa. LEXIS 697

Syllabus

<p>Replevin — Judgment—Affidavit of defense — Return day — Practice, C. P. — Act of April 19, 1901, P. L. 88.</p> <p>1. Under the replevin Act of April 19, 1901, P. L. 88, judgment for want of an affidavit of defense may be entered against the defendant before the return day of the writ, if the defendant has failed to file an affidavit of defense in fifteen days after the filing of the declaration and service of copy thereof.</p> <p>Appeals — Assignments of error — Appeal from, Superior Court. .</p> <p>2. On an appeal from the Superior Court to the Supreme Court, the proper form of an assignment of error is that “the Superior Court erred in not sustaining (or in sustaining as the case may be) the first assignment of error to the judgment of the Common Pleas to wit, ’’-'etc. If there are any new and further matters raised by the judgment of the Superior Court itself, they should be assigned separately in their due order.</p> <p>3. An assignment merely specifying error in affirming the judgment of the court of common pleas, without more, and assignments merely alleging error by the court below, and not by the Superior Court, are not in the prescribed form.</p>