Jim's Trailer Sales, Inc. v. Shutok

MARSH, District Judge.

In this diversity action the complaint was filed on January 8, 1953; a writ of replevin issued and was served upon the possessor of defendant’s house trailer which was subsequently turned over to the plaintiff by the Marshal.

On January 4, 1955, the attorney for the defendant filed an answer on the merits and therein requested the court to permit its filing nunc pro tunc, alleging that defendant was absent from the United States in military service at the time the house trailer was replevied.1 *275Since the vehicle was purchased by defendant after he entered military service,…