Novogrod v. Kayne's Inc.

Proctor, D. C. J.

The basic question to be decided is whether or not a judgment rendered by a Small Cause Court in excess of its jurisdiction may be attacked collaterally.

This is an action in replevin based upon the following facts: A judgment was obtained in this court for the Speed-O-Print Corporation against Kayne’s, Incorporated. Execution was issued, levy made and a sale was held of the articles mentioned in the writ of replevin on February 3d, 1938. The plaintiff was the purchaser of the aforesaid articles at that sale.

In the defense of the present action it appears that one, Hubler,…