O. M. C. Supply Co. v. Seiler

Whitten, J.,

— This case is before the court upon an “affidavit of defense in nature of demurrer” filed by the defendants on July 30,1931.

On June 20,1931, the defendant, Emelia Seiler, a landlord, issued a landlord’s Warrant to Jacob Elpern, constable, the other defendant, whereby the said constable distrained certain personal property, to wit, six radios, for rent due the said landlord by her tenant, E. H. Flowers, trading as Flowers Radio Store, which radios were upon the leasehold premises.

On June 27, 1931, the plaintiff caused to be issued a writ of replevin and by virtue thereof the…