Ringgold ex rel. Boone v. Bacon

The CouRT (Thruston, J., doubting,) said, that as this matter, if pleaded to this action, would not be a bar, it may be given in evidence, in mitigation of damages, in this case, although it would have been a bar to the avowry, if it had been pleaded in the action of replevin.

The Court (nem. con.) permitted the evidence to be given.

Verdict for plaintiff $352.37 with interest from 28th December, 1824.