Pacific Fire Ins. Co. of New York v. Burnett

The action was detinue to recover a Marmon automobile. The complaint as amended described the property claimed as one Marmon 1918 model touring car, now numbered 7181880, motor now numbered 92888. Upon filing original complaint the sheriff did not take the property in possession, for the reason stated in his return that he was unable to locate the property because of the indefiniteness of its description in the complaint. An alias writ was issued, and defendant gave the statutory bond and retained the possession of the ear. The trial, on plea of the general issue, resulted in a verdict for…