Legal Opinion

Forrester v. Barret

New York Supreme Court

Decided January 15, 1800PublishedCited by 2 opinions

THIS was an action of replevin, and the plaintiff having omitted to bring on the cause to trial,

1Per curiam

In the action of replevin, both parties are equally actors, and either party may carry down the cause for trial; no judgment as in case of nonsuit therefore is ever given.

The defendant must take nothing by his motion.

2Cited by2 opinions

  1. M'Credy v. FeySupreme Court of Pennsylvania · 1838
  2. Potter v. LewisNew York Supreme Court · 1835