Langer v. Nultemeier

On Petition for Rehearing.

Burr, J.

Defendant has filed a plausible and vigorous petition for rehearing. He says this is an action in replevin; that there is no issue as to a levy made by the defendant; that the'court failed to distinguish between a levy where manual possession is taken and a levy where the property is allowéd to remain in the custody of the judgment debtor, or a third party; and that it is only the judgment debtor who can question irregularities concerning levies.

We have not overlooked that this is an action in replevin. Defendant says that plaintiff must recover on the…