Demers v. Winslow

This is an action of replevin to recover an automobile, by the mortgagee thereof; the mortgage is dated May 6,1924. The case was heard by a judge of the Superior Court without a jury upon an agreed statement of facts, in which it is stipulated that “all reasonable inferences may be drawn therefrom,” and that “Further material facts in this action are to be determined by the court on evidence to be submitted by the parties.”

The agreed facts are in substance that on December 4, 1924, the defendant, a constable, attached the automobile in question on a writ, wherein Wilfred J. Demers was named…