Shabad v. Hanchett

This was an action of replevin wherein the appellant was plaintiff. After the evidence was in, on a trial without a jury, a conversation ensued between the judge and plaintiff’s counsel in which the judge several times repeated that he could not find for the plaintiff, but would feel disposed if any way could be pointed out, to give him a lien on the property in controversy, for money he had invested. This the counsel for the plaintiff declined to consider, and then the judge, addressing the clerk, said: “ Finding for the defendant in this case;” then for the first time the plaintiff’s…