Broom v. Fox

Pur cur.

Regularly, there can be no discontinuance without leave of the court, and this rule holds with peculiar force in replevins. 1 Leon. 105. There both the parties are actors, and yet the avowant cannot discontinue. 1 Stra. 112. When the goods are delivered to the plaintiff in replevin, the defendant has an evident interest in the suit, being entitled to a writ of retorno habendo, if the issue is found for him. When a claim of property is interposed by the defendant on the service of the process, the goods remain in his hands on his giving security, and the plaintiff proceeds for damages…