To compel assessment of damages in replevin, in a case where the property was taken on the writ, but for want of service,, the justice dismissed the proceedings.

Granted March 2, 1888.

Taylor vs. Tripp, 15 M., 517 (655); Forbes vs. Circuit Judge, 23 M., 496 (659); La Barr vs. Osborn, 38 M., 313 (630); Humphrey vs. Bayn, 45 M., 565.