
    LA BARR vs. OSBORNE (Justice),
    38 M., 313.
   To compel respondent to receive evidence to prove value in case of the dismissal of a writ of replevin, where defendant waives the return of the property.

Granted January 30, 1878. Taylor vs. Tripp, 15 M., 517 (655).

Held, that costs will not be granted against a party interested who has not been brought before this court by notice, in such a case.  