Anderson v. Carlin & Fulton

This is an action of replevin tried by the court without a jury, by consent of parties.

There is no bill of exceptions, and, consequently, questions upon the evidence cannot be considered.

Damages are laid in the declaration at $700. The plaintiffs, Carlin & Fulton, having elected, as permitted by our replevin statute, to take a recovery for the value of the goods, the court found the same to be $742.68, and judgment was rendered for this amount and costs. It is urged that the judgment is, on account of the excess over the ad damnum of the declaration, erroneous. It seemed to us at the time of…