Associates Financial Services Co. v. Salky

SMITH, Presiding Judge.

Plaintiff appeals from the action of the trial court in granting a summary judgment in favor of defendant.

Plaintiff, on September 9, 1970, filed a petition in replevin against defendant seeking to recover possession of a 1970 Cadillac. Pursuant to Sec. 533.020, RSMo 1969 (V.A.M.S.) the court issued an order of delivery directing the Sheriff to immediately take possession of the vehicle and deliver it to plaintiff. No hearing was had and no notice was given to defendant prior to the issuance of the order of delivery. The sheriff took possession of the vehicle on…