Andrews v. Smith

Andrews brought an action of replevin in justice’s court to recover possession of certain property. Defendant claimed no right or interest in the property, except as a constable and by virtue of a levy made thereon under an execution against the goods and chattels of Martin C. Graves. On the return day of the writ the plaintiff submitted to a voluntary non-suit, and judg*684ment of non-suit was thereupon rendered against him. Defendant thereupon elected to waive a return of the property and take judgment for the value thereof. The cause was adjourned by consent, and on the adjourned day, “the…