Forrester v. Barret — 1 Cole. Cas. 92

Majority

p. 92

Forrester ads. Barret.

Headnote

rTHHIS was an aftion of replevin, and plaintiff -*• having omitted to bring on the caufe to trial,

Burr for defendant now moved for judgment as. in cafe of nonfuit. Barnes 317.

Hartijón oppofed the motion, and infilled that it is never gran table in this aótion; and cited Bul-ler 65. 3 Burn. & Eaft 661. 1 Black. Rep. 375 .

In the aftion of replevin, both parties are equally a ¿tors, and either party nfay carry down the caufe for trial, no judgment as in cafe of nonfuit therefore is ever given.

The defendant mull take nothing by his motion.