Esposito v. Schille

The defendant Raymond Esposito, whom we shall hereafter refer to as the defendant, was in the armed forces of the United States when this action of replevin was instituted. He was serving overseas when the trial court denied motions for a stay and a continuance, proceeded with the trial and rendered judgment against the defendants. The claim made in the appeal taken in his behalf is that he has been deprived of rights given him by the Soldiers’ and Sailors’ Civil Relief Act of 1940.

The Congress declared the purpose of the act to be to suspend enforcement of civil liabilities, in certain…