Albertson v. Bray Wood Heel Co.

The replevin writ in this case is in the statutory form, and the plaintiff throughout is described as “Joseph M. Albertson, as assignee of Merrimack Sawdust Company.” The writ was dated October 27, 1941, and was entered in court on October 28, 1941. The defendant appeared specially, and on February 28, 1942, filed a motion to dismiss on the ground that the complaint fails to allege that plaintiff is' the bona fide owner of the right to replevy the property, and fails to state when and how the plaintiff acquired title to said right, as provided by P. L. 1583, and wholly fails to comply with…