Gay v. Morgan

Gay brought his suit in the nature of replevin to recover a horse of Kornegay, who gave bond, and retained tbe possession of tbe horse.

The plaintiff having recovered a verdict a.nd. judgment for the horse or the ascertained value, moved for a rule, at the same term of the court, against the security, Morgan, to show cause why judgment should not also be rendered against him; and, on the trial of the rule or motion, offered to file the affidavit of his counsel that, after the recovery, and before asking for the rule, he, for the plaintiff, had demanded the horse or his assessed value of both…