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STABINSKI v. JARINSKI

No. 375.

23 Pa. D. & C. 2d 741 (1961)

Stabinski v. Jarinski

Common Pleas Court of Luzerne County, Pennsylvania.

February 6, 1961.

Attorney(s) appearing for the Case

H. Monroe Houtz, for plaintiff.

Harold Rosenn, for defendant.

LEWIS, J. (for the court en banc), February 6, 1961.

This matter comes before us on preliminary objections to plaintiff's amended complaint in replevin under the provisions of Pa. R. C. P. 1017 (b) (5), raising the defense of lack of capacity to sue.

At argument defendant limited himself to the reason contained in paragraph one of the preliminary objections, to wit:

"1. The Plaintiff is not...

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