Com. ex rel. Hagerling Motor Car Co. v. Palmer

Hargest, P. J.,

This case arises upon an affidavit of defence raising questions of law.

The plaintiff’s statement of claim avers “that the Hagerling Motor Car Company, plaintiff, by L. H. Hagerling, sole owner, on Aug. 18, 1920, caused a writ of replevin against George W. Shuler to issue out of” this court. The defendant Palmer was the party in possession, and he gave a bond with the defendants Fishman and Bowman as sureties and retained the property. The replevin case resulted in a verdict in favor of the plaintiff, whereupon this suit was brought to recover upon the bond. The defendant Samuel…