Stack v. Smith , 54 McGrath 238 ( 1884 )

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.