Hagen v. Delatine

Mr. Presiding Justice Barry

delivered the opinion of the court.

This is an action of replevin brought by appellee to recover an automobile which had been seized under an execution by a constable, who is one of the appellants. The appellants sought to justify by virtue of an execution issued by a justice of the peace on a so-called judgment under date of February 13, 1928.

Mabel Delatine sued Grill Shaub and Anna Shaub before a justice of the peace on February 5, 1928, and the cause was heard on February 13. The docket of the justice of the peace reads as follows: “Mabel Delatine and Grill Shaub…