Pacific Finance Corp. v. Fidelity & Deposit Co. of Maryland

Motion by defendant, under rule 106 of the Rules of Civil Practice, to dismiss the complaint as failing to state facts sufficient to constitute a cause of action. The facts are these:

*799Plaintiff obtained a writ of seizure and pursuant thereto took from the possession of one Daniel Weil a certain automobile which it claimed it owned. Pursuant to section 63 of the Municipal Court Code, Weil, claiming ownership, gave the undertaking or bond of the defendant, now sued on, to regain possession of the seized chattel.

The condition of the bond is that Weil will establish ownership of the property…