Link-Belt Co. v. Hanner

JONES, District Judge.

This is an action in replevin, filed in this court, December 10,1925, seeking possession from the defendant of a steam shovel and other chattels. A writ of replevin duly issued, and the property named therein was seized by the United States marshal, December 16, 1925. The defendant gave a forthcoming bond, which was approved by the marshal’s office, and the seized property returned to the defendant De*454ceraber 18, 1925. On February 1, 1926, tbe defendant filed a plea in abatement praying a dismissal of the suit. Tbe plea alleges that, at tbe time tbis action was commenced…