National Cash Register Co. v. Ansell

Opinion bn

Rhodes, J.,

This is an appeal from the refusal by the court below to enter a summary judgment in favor of plaintiff in a replevin action.

On July 31, 1935, the National Cash Register Company, the plaintiff, obtained a writ of replevin for the recovery of a certain cash register; the sheriff seized it on the following day, adding to the writ as defendants Gerson Green, constable, and H. H. Rosinsky, the landlord, in whose possession the register was found. The defendant Joseph Ansell, trading as Lennox Cafe, was not served, nor did he appear.

On August 8, 1935, in response to additional…