Coler v. Judd

Patterson, J.:

Regardless of what the notice of appeal demanded, the appellant now requests a new trial in the Justice’s Court, and the respondent agrees to the same.

It seems as though, upon the trial of the action, the complaint was dismissed, upon the opening of the plaintiff’s case, upon counsel’s statement that it was an action in replevin, whereupon the record shows the defendant moved to dismiss the complaint, as there had been nothing replevied. Upon the argument before me the defendant stated that the plaintiff had agreed to this, and indeed urged that the complaint be dismissed if the…