Whitney v. Welnitz

Brown, O'. J.

Action in claim and delivery for the possession of an automobile or its value, in which plaintiff had judgment and defendants appealed.

The material facts are not in dispute. Defendant Welnitz, on December 5, 1918, recovered a judgment against plaintiff before a justice of the peace in the sum of $79.94. Execution was duly issued thereon and delivered to defendant Redmond, a constable, for collection and enforcement. The officer levied upon the automobile in question and in the due course of procedure sold the same as provided by law in such cases. Plaintiff, the execution debtor,…