The property replevied was attached on mesne process against the plaintiff in this suit, and that process was served upon him, and was still pending when this replevin was brought. The Rev. Sts. c. 113, § 27, expressly confines the right to maintain replevin for goods attached on mesne process, or taken on execution, to “ any person other than the defendant in the suit in which they are so taken or attached.” This action therefore was prematurely commenced.

Exceptions overruled.