Hoyt v. Carson

Citations

• 60 Pa. Super. 172
• 1915 Pa. Super. LEXIS 164

Syllabus

<p>Appeals — Replevin—Judgment—Writ of inquiry.</p> <p>Where an appeal is taken from an original property judgment in replevin nearly two years after the judgment was entered, and more than a year and one-half after a rule to strike it off was discharged, the appellate court will not consider any question relating to the regularity of the judgment, but will take into consideration the regularity of a writ of inquiry and assessment of damages, if the appeal, was taken within the statutory period after the orders relating to them were made.</p> <p>Replevin — Writ of inquiry — Sheriff.</p> <p>The practice of directing a writ of inquiry to the sheriff for the purpose of. having damages assessed by a jury to be summoned by him, was not abrogated by the Act of May 22, 1722, sec. 27, 1 Sm. L. 131.</p> <p>Replevin — Affidavit of defense — Service—Act of July 9,1901, P. L. GUf.</p> <p>Under the Replevin Act of July 9, 1901, P. L. 614, the fact that the property was not found in the possession of the defendant, or any third person, does not relieve the defendant from the duty of filing an affidavit of defense in order to prevent judgment against him.</p> <p>A sheriffs return of service of a writ of replevin is sufficient which avers that he did not find the property in the possession of the defendants, or either of them, and that he served the writ and copy of plaintiff’s statement on each defendant, naming him, by hánding true and attested copies of the writ and statement to an adult member of his fámily at his dwelling house.</p> <p>A judgment in replevin ás follows: “Judgment property entered November 15, 1912,” will not be set aside as irregular as to form, where it appears that plaintiff was legally entitled to the judgment, and no objection to the judgment is raised, except on an appeal from' order's awarding inquisition and assessing damages.</p>