Pure Oil Co. v. Terry

Citations

• 16 Pa. Super. 337
• 1901 Pa. Super. LEXIS 71

Syllabus

<p>Replevin — Use of goods from the issuance of the writ to the actual taking of the goods — Set-off—Bond.</p> <p>In an action upon a replevin bond, a set-off cannot be claimed for use by the defendants of their own goods during the time that such goods were voluntarily left in their possession from the issuance of the writ to the actual taking of the goods by the plaintiff in the replevin.</p> <p>Practice, O. P. — Affidavit of defense — Amount admitted to be due — Act of July 15, 1897, P. L. 276.</p> <p>In an action on a replevin bond where the affidavit of defense admits that the goods were of a value stated, but claims a set-off which is not a valid set-off, a judgment may be entered for the admitted value of the goods on a rule to show cause why judgment should not be entered for the sum stated in the affidavit “the amount admitted to be due.”</p>