Talcott v. Belding

The defendant was not estopped by the execution and delivery of the undertaking to the sheriff from showing the true amount and value of the goods taken by the sheriff and redelivered to him. In fact, I think it was incumbent upon the plaintiff before resting his case to have given affirmative evidence of the facts, and that neither the plaintiff’s affidavit nor the recitals in the undertaking were sufficient for the purpose of showing the actual value, or properly identifying the goods as to quantity.

The allegations in these papers, if admissible, were too indefinite and uncertain to justify…