Byrne v. Tabet

HOOD, Associate Judge.

This is an appeal by a defendant from a judgment in an action of replevin in' the Small Claims and Conciliation Branch of the trial court. We allowed an appeal in order to determine a question which appears never to have been passed upon in this jurisdiction.

The article sought to be recovered is an automobile fender shield, alleged to be of a value of $40 and also alleged to be irreplaceable. When the action was commenced plaintiff filed an undertaking and a writ of replevin was issued. Personal sérv-ice was obtained on defendant but the marshal was unable to find the…