Papas v. Snow

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

Plaintiff brought an action of replevin against the bailiff of the municipal court to recover possession of a motor truck. The truck was taken on the writ, delivered to the plaintiff and on a trial before the court without a jury the court found the right to the possession of the property was in the plaintiff and assessed his damages in the sum of one cent.

The record discloses that plaintiff, Papas, sold the motor truck in question to Thomas Marcos for $1,300; $450 was to be paid in cash and the balance secured by chattel…