
    The People ex rel. Allen W. La Barr v. Joseph B. Osborn.
    
      Replevin — Evidence of value — Costs.
    Mandamus lies to compel a justice who has dismissed a writ of replevin to receive evidence of the value of the property if return is waived.
    Costs were denied for want of notice as against a justice to whom mandamus was issued requiring him to receive evidence of value after he had dismissed a writ of replevin.
    Mandamus.
    Motion submitted and decided Jan. 30.
    
      Walker & Weaver for the relator.
   Per Curiam.

Where a writ of replevin is dismissed by a justice, and defendant waives return, he has a right to introduce evidence to prove the value of the property, and mandamus will issue to compel the justice to receive it,' in case, he refuses to allow it. People v. Tripp, 15 Mich., 518; People ex rel. Forbes v. Judge of Washtenaw Circ. Ct., 23 Mich., 497.

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

Mandamus granted, without costs.  