State v. Bennell

The opinion of the court was delivered by

Thiele, J.:

This was an action brought in a justice of the peace court to confiscate as a common nuisance a certain automobile described in the complaint. The appellant Atlas Acceptance Corporation interpleaded and filed its answer alleging title and ownership of the automobile by reason of a chattel mortgage thereon. After trial and adverse judgment in the justice court, the cause was appealed to the district court. Trial in the district court was started on May 23, 1932, but owing to the failure of defendant Bud Bennell (shown by judgment of court to…