Nathan M. Stone Co. v. Ellerson

Mr. Presiding Justice Taylor

delivered the opinion of the court.

On January 18, 1922, the plaintiff, The Nathan M. Stone Company, began a replevin suit against the defendants for a motor truck. On the same date the writ of replevin was returned, and recited that the plaintiff had given bond in the sum of $2,000 and that the property had been taken and delivered to the plaintiff. On January 27, 1922, the defendants filed their appearati.ee, and on January 31, 1922, the court entered an order finding the right to possession in the plaintiff. There was a motion to vacate that judgment, which was…