Brandtjen & Kluge, Inc. v. Kelley

Patterson, P. J.,

On December 8,1932, the plaintiff sued out a writ of replevin to recover a printing press in the possession of the defendant. The sheriff served a copy of the writ with a statement of claim on the defendant personally but never took possession of the property. The sheriff’s return, made on December 27, 1932, showed personal service, and on the same day plaintiff entered judgment by default.

On January 4, 1933, the sheriff amended his return, and on the same day delivered possession of the property to the plaintiff. In an opinion filed February 2,1933, this court directed that…