Guinn v. Vitte

Citations

• 63 Pa. Super. 611
• 1916 Pa. Super. LEXIS 226

Syllabus

<p>Replevin — Value of articles replevied — Affidavit under Act of M-arch 19, 1908, P. L. 89.</p> <p>On the trial of an action of replevin it is reversible error for the court to admit as prima facie proof of value of the articles replevied, the affidavit filed by plaintiff under Section 2 of' the Act of March 19, 1903, P. L. 39, amending Section 8 of the Act of April 19, 1901, P. L. 88, to determine the amount of bail.</p> <p>Such an affidavit is not fatally defective because it does not contain the words “which shall be the cost to the defendant of replacing them.”</p> <p>In an action of replevin to recover the head and hide of a deer, the defendant may show that at the time of the trial the deer’s head had been mounted and the skin cured by a taxidermist at defendant’s cost, and its value thereby enhanced.</p>