Hawley v. Green & Brooks

By the Court,

The motion must be granted. The better eonstruc*344tion of the statute is, that to carry costs on the value of the property, the value must be assessed by the jury, (2 R. S. 437, § 48, 2d ed.,) and not by the sheriff’s appraisal. (12 Wendell, 38.) When the cause is tried, a part of the goods may be awarded to the plaintiff and a part to the defendant. In such case, the original appraisal would be no guide. Motion granted.