Automotive Merchandise, Inc. v. Smith

Defendants appeal from a default judgment entered in a replevin action and seek to first raise the constitutionality of said proceedings in this court. We affirm.

Plaintiff, pursuant to a security agreement given to it by defendants, commenced an action in replevin in the district court. Pursuant to statute plaintiff filed an affidavit, requisition, and bond, which was approved by the sheriff, and plaintiff’s counsel accompanied the sheriff to defendants’ place of business.

There, the sheriff served the replevin process, but while they were on defendants’ premises, counsel for defendants…