Weicht v. Automobile Banking Corp.

Dissenting Opinion, by

Reno, J.:

-i :Final. judgment ;in. replevin had- been, rendered, no appeal had.been taken, and the writ of .de retorno-ha-bendo had been executed by the-sheriff who held the automobile subject, to appellee’s demand. The writ had become virtually functus officio, and the law was relaxing its custodial grasp upon appellee’s property.. Yet, disregarding.what I.think are the realities of the case, the Court holds that the automobile was still in custodia legis. The end-result is that a Pennsylvania litigant is compelled- to .pursue appellee to the Delaware courts unless,…