Matson v. Lally

The appellees, before a justice of the peace, recovered a judgment against the appellant in an action of replevin, from which the appellant appealed to the Superior Court. There the appellees dismissed.the suit, but the court refused to award a retorno habendo. That refusal is assigned as error. The whole bill of exceptions, omitting the formal parts, is as follows:

“ Thereupon the counsel for the defendant requested the court to award to the defendant a writ of retorno habendo for the property replevied in this action; whereupon it was stated to the court by counsel for the plaintiffs, that…