Rosen Film Delivery System v. Saraceno

The material facts alleged in the complaint which stand admitted for the purpose of determining the questions presented by the demurrer may be thus summarized. In early October, 1942, the plaintiff herein instituted a suit against the Astor Theatre Co., Inc., for services rendered and caused to be attached certain items of personal property belonging to that defendant. Later in that month the second named defendant in this action, the S. A. S. Co., Inc., instituted a suit of replevin against the plaintiff herein, the attaching sheriff, and the Astor Theatre Co., Inc., and replevied the…