United States Circle Swing Co. v. Reynolds

Citations

• 224 Pa. 577
• 73 A. 982
• 1909 Pa. LEXIS 843

Syllabus

<p>Replevin — Parties—Intervention—Trial—Pleading.</p> <p>1. Where in an action of replevin by a corporation against two defendants, a third person intervenes, first claiming all of the property replevied, but subsequently claiming only a small portion which is conceded, and the defendants file only a plea to the effect that plaintiff is not a corporation, the trial court commits no error in directing the jury to be sworn as to the intervenor only, and in instructing the jury that no question of title is involved, and that their duty is simply to determine the value of the goods replevied. In such a case the plea filed by defendants was a plea in bar, and the case was therefore at issue only between the plaintiff and the intervenor. There was no verdict or judgment against the defendants and they had no standing to appeal.</p> <p>Corporations — Foreign corporations — Registration—Replevin—Act of April 22, 1874, P. L. 108.</p> <p>2. A foreign corporation need not be registered under the Act of April 22, 1874, P. L. 108, to enable it to maintain an action of replevin in this state to recover personal property which had been taken from it by one who had no contractual relation with the company.</p> <p>Practice, C. P. — Objectionable remarks of counsel — Discretion of court.</p> <p>3. A judgment will not be reversed because of alleged objectionable remarks of counsel, where it appears that the trial judge instructed the jury to disregard such remarks, and in his opinion refusing a new trial, states that he believes the jury were not influenced as to the amount of the verdict by the alleged offensive remarks.</p>