Huish v. Fenkell

I dissent. The respondent, Huish, brought an action May 27, 1931, on a promissory note for $300 against the defendants Paul D. and Ida Fenkell, husband and wife. At the same time he caused a writ of attachment to issue and put in the hands of the sheriff, which on the same day was served, and, in pursuance thereof, an automobile “belonging to the defendants,” so recited by the sheriff’s return to the writ, was seized and taken into his possession and custody. On June 6th the Commercial Credit Company, claiming to be the legal owner of the automobile by reason of a title retaining note, and…