Opinion
Spring Sessions, 1848.
THIS was an action of replevin for a carriage, c. The pleas were non cepit, and cognizance as bailiff of James Martin, for a half year's rent in arrear from plaintiff to said Martin. Replication, no rent in arrear; non dimisit; non tenuit.
Platt and Gray, for plaintiff.
Bayard, jr., for defendant.
The plaintiff proved the taking of a carriage; and closed. The defendant proved that the premises were rented as a stable, for the manure as the rent; and proceeded to prove the value of the manure.
Mr. Gray objected to any other proof of the value of the manure, than that furnished by the appraisers under section 2 of the act of 1829, (Digest 361.)
But the court overruled the objection; considering that provision as applicable only to a mode of ascertaining the rent upon a sale of the distress, without replevin.
The jury are to ascertain the amount of the rent, or value, when the rent is in kind.
Verdict for defendant.