New and Used Auto Sales, Inc., a Corporation v. Bernard L. Hansen, Also Known as Barney Hansen, and Suzanne Hansen

In an action for replevin of a car, where the complaint was the sole pleading, the court granted judgment for $607.35 against plaintiff and in favor of defendant on a motion for summary judgment. Possession of the automobile was directed to be turned over to defendants, and by subsequent order plaintiff was directed to pay defendants $50.00, as attorney fees. Plaintiff Sales, Inc., appeals upon the ground that such an issue had never been developed and that the record showed there were material questions of fact in dispute.

The record is very much confused. Sales, Inc., on December 9, 1955, filed a complaint to replevy a Pontiac automobile in the possession of the Hansens. The Marshal took possession of the car upon the filing of the statutory affidavit. On December 20,1955, no answer or other paper having been filed by them, the Hansens filed a motion for summary judgment, moving “the Court to enter Judgment for the defendant [Hansens] against the plaintiff [Sales, Inc.] in the amount of Six Hundred Seven and 35/100 Dollars ($607.35), plus interest and attorney’s fees, and Order the automobile returned to the defendant.”

Time was set for hearing of this motion thereby on…