Ludwig Piano Co. v. Browne

Citations

• 33 Pa. Super. 81
• 1907 Pa. Super. LEXIS 245

Syllabus

<p>Replevin — Possession—Demand—Damages.</p> <p>There is good ground for an action of replevin where property is shown in the plaintiff, and a refusal on the part of the defendant to deliver it upon demand.</p> <p>Where a piano company places a piano in a house in order to secure either a lease or a sale through the wife, and this is done in spite of the remonstrances of the husband, it should not, in an action of replevin to recover possession of the piano, be permitted to charge the defendants with damages arising from the reasonable use of the piano up to the time of the demand for its return.</p> <p>Appeals — Assignments of error — Charge.</p> <p>An assignment of error in the following form violates rule 15: “The learned trial judge erred in submitting the case to the jury, in contradiction to the plaintiff’s theory.”</p> <p>The refusal of a nonsuit is not assignable for error.</p> <p>Detached portions of the charge assigned for error will not be considered, where it is impossible to determine, from the assignments themselves, what the judge decided as to any of the several questions involved.</p>