Gaspero v. Gentile

Opinion by

Arnold, J.,

On July 26, 1945, the plaintiff issued his writ of replevin, filing an affidavit of value of $500.00 and bond in double that amount, and the writ was served on the defendants on July 31. The defendants gave no counter-bond and the sheriff, after the expiration of the seventy-two hours, 1 delivered the goods to the plaintiff, who filed his declaration on December 3, 1945, four months after receiving the replevined articles from the sheriff.

The issue at the trial should have been a narrow one, the plaintiff claiming the right of possession of the chattels under bailment…