New and Used Auto Sales, Inc., a Corporation v. Bernard L. Hansen, Also Known as Barney Hansen, and Suzanne Hansen

JAMES ALGER FEE, Circuit Judge.

In an action for replevin of a car, where the complaint was the sole pleading, the court granted judgment for $607.35 against plaintiff and in favor of defendant on a motion for summary judgment. Possession of the automobile was directed to be turned over to defendants, and by subsequent order plaintiff was directed to pay defendants $50.00, as attorney fees. Plaintiff Sales, Inc., appeals upon the ground that such an issue had never been developed and that the record showed there were material questions of fact in dispute.

The record is very much confused.…