Bovie Manufacturing, Inc. v. O'Neil Equipment Co.

An ex parte temporary restraining order was issued pursuant to defendant’s motion which restrained the plaintiffs from holding a sheriffs sale in relation to one snowmobile. This snowmobile was taken from the defendant’s unlocked garage pursuant to a valid writ of execution. The defendants have argued, relying on rather ancient precedent, that a deputy sheriff acted unlawfully in entering into unlocked garage and exiting with the snowmobile. The plaintiff has vigorously responded, with equally ancient precedent, that such an entry was not a breach of the peace and was perfectly appropriate.

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