Hale v. Borough of Ashland

Citations

• 260 Pa. 547
• 103 A. 1018
• 1918 Pa. LEXIS 564

Syllabus

<p>Replevin — Affidavit of defense — Failure to deny plaintiff’s ownership — Insufficient averments — -Judgment for defendant.</p> <p>In a proceeding to replevy fire apparatus motors sold by plaintiff to the defendant borough under an installment lease reserving title until final payment, such suit being instituted after default in payments, judgment was properly entered for the plaintiff for want of a sufficient affidavit of defense, where the affidavit set up that the contract for the purchase of the motors was not binding on the municipality, because it had not been properly authorized, and because the effect was to increase the indebtedness of the borough beyond the limitations imposed by law, but the affidavit nowhere denied plaintiff’s title or right of possession, and did not assert ownership or right of possession in the defendant.</p>