Limpert Bros. v. Stitt

The opinion of the court was delivered by

Parker, J.

The crucial question in this .case is a very simple one, viz., whether the beginning of a new action is the legal equivalent of the filing and service of an amended complaint.

The. question arises in this- way: Plaintiffs, purchasers of certain chattels or of the right, title and interest of other parties therein at an auditor’s sale in attachment, were unable to get possession of the chattels because they were held by defendant, Stitt, as constable under other process. Thereupon appellants made claim, in writing, pursuant to the statute…