Regan v. Priest

3 Denio 163

Opinion

By the Court, Beardsley, J.

I know of no practice which requires a plaintiff in replevin to make an affidavit of merits, in order to prevent an inquest being taken against him. The de fendant in replevin may bring the cause to trial, but he cannot do so out of its regular order on the calendar. This inquest was irregular, and must be set aside with costs.

Motion granted.