Speedway Flyer, Volume 38, Number 31, Indianapolis, Marion County, 20 August 1970 — Page 6

PAGE 6

—PARK ACTIVITIES END—

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PHYSICAL FfTNESS - These boys kept up their physical fitness by taking advantage of park facilities. In the photo are (front, left to right) David Owensby, Robert Hickok,

Know Your Indiana Law

John J. Dillon Replevin This interesting word is one which clients are apt to hear from their lawyers when we are using the mysterious language at our profession, ft is

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Bruce Mosier. (Back, left to right) Mike Etienne, Tee Lawson, Mike Wilson, Jimmy Crumley, Gary Raikes, Scott Evans and Brad Masters. (Flyer-Journal Photo)

a venerable proceeding which has been passed down through history into our present Indiana procedure for the recovery of personal property. The word means a redelivery to the owner of an item of personal property which the owner claims is improperly being held by another person. The court issues an order or “writ of replevin,’’ as it was called in the English common law, to return the specific property to you. Once the court issues an order for redelivery of your goods, a sheriff or constable actually seizes the goods and returns ft to your possession. Of course, before'this order can issue from the court you must file a complaint asking for this remedy. This can be done in a Justice of the Peace Court if the value of the property is SSOO or less, or any court of general jurisdiction in this state for any item of personal property, no matter what its value is. At the time the complaint is filed, if the complaining party wishes immediate redelivery

of the personal property pending the final disposition of his lawsuit, he must post a replevin bond twice the value of the goods. This is done to insure that the opposing party, the defendant in the action, will be properly indemnified if the court later finds that the goods were in feet properly in possession of the defendant and should in feet remain in the possession at the defendant. If the court in feet finds that the replevin order was improperly taken out by the person demanding return of the goods, then the replevin bond can be used to repay the defendant the true cash value of the goods, plus any damages he has sustained for the loss of the use of the goods while the lawsuit was pendingin court. On the other hand, if the complaining party is successful and convinces the court by proper evidence at the hearing that he is in fact entitled to the possession of the goods as he claimed when he filed his replevin action, he may also recover damages for loss of use of the property while the property was unlawfully held by the defendant. This is in addition to the return of possession of the property which he has already accomplished by filing the replevin action. In all courts except the Justice of Peace Court, after the plaintiff has filed his complaint for immediate possession, the defendant has 24 hours to post a counter or redelivery bond to keep the goods in the defendant’s possession while waiting for triaL

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THE SPEEDWAY FLYER-JOURNAL

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SUMMER RECREATION - Children take advantage of the facilities at one of Speedway’s parks. Pictured above are (fronLleft to right) Barb Higbie, Francis Woesner.

Again, if the plaintiff wins the lawsuit, then he can look to this redelivery bond of the defendant for damages for the wrongful possesssion of the goods by the defendant and also return of his goods by court order after the triaL While a person is always entitled to recover possession of his property by simply taking it into his physical custody from the person who is wrongfully holding it, he

Speedway Police Report Monthly Statistical Report (Condensed) Month of July, 1970. Classification of Offenses Actual Offenses Cleared Reported Arrest L CRIMINAL HOMICIDE a. Murder & Non-negligent manslaughter 0 0 b. Manslaughter by Negligence 0 0 2. FORCIBLE RAPE a. Rape by Force 0 0 b. Assault to Rape-Attempts 0 0 3. ROBBERY 5. BURGLARY a. Forcible Entry 9 4 b. Unlawful Entry-No Force 0 2 c. Attempted Forcible Entry 0 0 6. LARCENY a. Over $50.00 27 4 b. Under $50.00 8 6 7. AUTO THEFT 3 5 8. SICKNESS & INJURY 12 9. CRIMINAL MISC. 30 TOTAL CRIMINAL ARRESTS. . . .30 TOTAL TRAFFIC ARRESTS. ... 127 ACCIDENTS! & Property Damage.... .15 Personal Injury...... 10

By JOHN I. DILLON

must do so with committing a breach of the peace. If you find it impossible to accomplish recover of your proprety without the possibility of a breach of the peace, then you should resort to the procedure that the law has provided to remedy this situation and go to the proper court to seek a replevin order. Copyright 1970 by John J. Dillon

Lisa Sauer, Cathy Etienne, Kim Cassetty, (back, left to right) Karen Clodfelter, Ann Dunn, Shannon Evans, Belinda Velasquez, Mary Dunn and Nancy Masariu.

Demo Opening Wayne Township Democratic Candidate Headquarters will be opening August 22, 1970 at 7:30 p.m. with a grand opening gala affair at 2522 West Washington St. Guest speaker of the evening will be former Lt. Governor Robert Rock.

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1-65 Segment Opens

(Continued from page I) Richard Lugar and chairman Ruel W. Steele of the Indiana State Highway Commission. The Indiana Highway Commission reports that the interstate system around Indianapolis is expected to be completed by the end of this year. Yet to be completed on the northeast side of Marion County is a stretch of Interstate 455 in the vicinity of Castleton and Lawrence

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THURSDAY, AUGUST 20.1970

Township. The expected completion date is Dec. 31,1970. Another stretch of Interstate 85, In the downtown area of Indianapolis is yet to be finished. Highway officials hope to have this construction completed by Dec. 1, 1970. A 6.4 mile segment of Interstate 485, from U.S. 431 (North .Keystone Avenue) to U.S. 421 (North Michigan Road) was completed and opened to traffic during 1969.

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