Sobzack v. Swartz

Lackawanna County Court of Common Pleas

Sobzack v. Swartz

17 Pa. D. & C. 744, 1932 Pa. Dist. & Cnty. Dec. LEXIS 212

CourtPennsylvania Court of Common Pleas, Lackawanna County

DecidedMay 25, 1932

DocketNo. 2601

StatusPublished

This text of 17 Pa. D. & C. 744 (Sobzack v. Swartz) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sobzack v. Swartz, 17 Pa. D. & C. 744, 1932 Pa. Dist. & Cnty. Dec. LEXIS 212 (Pa. Super. Ct. 1932).

Pincite

Opinion

Leach, J.,

— Plaintiff’s declaration in replevin sets forth, for the source of title, that the goods were “purchased and paid for by the said plaintiff with money of the said plaintiff on or about July 20, 1931, in the City of Detroit, State of Michigan.”

There is no way that the defendant could traverse the truth of the above statement. If it were alleged that the goods were purchased from certain specific people in Detroit, the truth or falsity of the statement could be ascertained.

Now, May 25, 1932, rule to strike off plaintiff’s statement is made absolute and the plaintiff is allowed fifteen days to file an amended statement.

From William A. Wilcox, Scranton, Pa.

Free access — add to your briefcase to read the full text and ask questions with AI

Leach, J.,

— Plaintiff’s declaration in replevin sets forth, for the source of title, that the goods were “purchased and paid for by the said plaintiff with money of the said plaintiff on or about July 20, 1931, in the City of Detroit, State of Michigan.”

There is no way that the defendant could traverse the truth of the above statement. If it were alleged that the goods were purchased from certain specific people in Detroit, the truth or falsity of the statement could be ascertained.

Now, May 25, 1932, rule to strike off plaintiff’s statement is made absolute and the plaintiff is allowed fifteen days to file an amended statement.

From William A. Wilcox, Scranton, Pa.

Cite This Page — Counsel Stack

Bluebook (online)

17 Pa. D. & C. 744, 1932 Pa. Dist. & Cnty. Dec. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sobzack-v-swartz-pactcompllackaw-1932.