Forrester v. Barret — 1 Cole. & Cai. Cas. 95

Majority

p. 95

Forrester ads. Barret.

Headnote

THIS was an action of replevin, and the plaintiff having omitted to bring on the cause to trial,

Burr, for the defendant,

now moved for judgment as in case of nonsuit. Barnes, 317.

Harison opposed the motion,

and insisted that it is never grantable in this action ; and cited Buller, 65. 3 Durn. & East, 661. 1 Black. Rep, 375 .

In the action of replevin, both parties are equally actors, and either party may carry down the cause for trial; no judgment as in case of nonsuit therefore is ever given.

The defendant must take nothing by his motion.