Kostlan v. Pavelka

On April 4, 1930, plaintiff commenced an action in replevin in the circuit court to recover the possession of a certain described Pierce-Arrow automobile, naming as defendants Joseph Pavelka, Otto Albrecht (a constable), Fred Kostlan (plaintiff’s husband) and the Wesley Garage. On the same day the sheriff took the automobile under the writ and delivered it to plaintiff. Service of the writ was had on Pavelka but the other defendants were not served. At the trial without a jury in May, 1930, plaintiff dismissed the cause as to all defendants except Pavelka, who had pleaded non cepit, non…