Stack v. Smith
Stack v. Smith
1 McGrath 653; 54 McGrath 238
Stack v. Smith
Opinion of the Court
To compel respondent to take testimony as to value and enter judgment therefor in favor of defendant, in a replevin suit which was discontinued by plaintiff on the adjourned day, defendant not appearing.
Denied June 17, 1884.
Held, that if relator had appeared at the time and elected to-take judgment for the value, he would have been entitled to it, but he could not appear afterwards and demand such judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.