Crowe v. Peaslee-Gaulbert Co.

ANDERSONj Circuit Judge

(dissenting). The majority opinion in my view does not adequately state the real case.

Under date of April 14, 1927, plaintiff issued a replevin writ, under which the marshal, on April 15, took possession of the goods then in the defendant’s warehouse. Promptly on April 16, the defendant’s counsel filed a long motion which he described, inaccurately, as a motion in abatement. That document (in substance) asserts that the writ of replevin was not brought in good faith; that when brought the defendant, as plaintiff well knew, claimed no right of possession or title or…