Oppenheim v. Kreimer

Stadteeld, J.,

Opinion by

On March 18, 1940, the plaintiff, Ben E. Oppenheim, issued a praecipe for writ of replevin in the Court of Common Pleas of Allegheny County at No. 4539 April Term, 1940, for an Oldsmobile coach, which, according to the praecipe was “in possession of Constable by virtue of levy for debt.” It appears from the record that following the execution of the writ, the automobile in question was delivered into the possession of the plaintiff, Ben E. Oppenheim, with the consent of Charles Kreimer, acting by his attorney of record.

On April 20,1940, after plaintiff’s statement of…