Kelvinator Sales Co. v. Har

Shanaman, J.,

Plaintiff replevied a “commercial unit or evaporator.” The sheriff served defendant, W. M. Har, and finding Sunset Hotel Company, Inc., in possession, added it as defendant and served it with the writ. Plaintiff subsequently, on December 24, 1929, filed his declaration and served counsel for the Sunset Hotel Company with a copy thereof on December 27th. On February 8, 1930, plaintiff took judgment against Har and the Sunset Hotel Company for want of an affidavit of defense. At that time no proof of the service of the declaration had been filed. On Febru*400ary 11th, Sunset Hotel…