State ex rel. O'Hara v. Justice

HOBSON, Justice.

This case is before us upon a motion to quash an alternative writ of mandamus which this court issued on October 23, 1958.

On March 10, 1957, Southern Trailer Distributing Co. instituted a replevin action to recover three Continental trailers from William O’Hara. The sheriff seized two of the trailers but could not find the third After waiting the prescribed statutory period, the property was delivered under bond to Southern. O’Hara plead not guilty but did not post a forthcoming bond. When the plaintiff failed to take any action in the case for more than a year, O’Hara, the…