
    Fugate v. Stapleton.
    Practice. Judgment in replevin. When defective. A judgment in replevin is defective unless it allows a return of the property.
    PROM. HANCOCK.
    Appeal from a judgment of the Circuit Court at Sneedville, rendered at its January term, 1871. Hon. E. E. Gillenwaters presiding.
    Logan & Lucky for plaintiff.
    Gillenwatees for defendant.
   Freeman, J.,

delivered the opinion of the court.

The only error assigned on this record is, that the judgment is. for the value of the horse in controversy, as found by the jury, and damages assessed, and execution ordered for these sums, without permission to the plaintiff to return the property.

This being an action of replevin, the error is well assigned, and the case reversed, but this court proceeding to render such judgment as the Circuit Court should have rendered, directs a judgment- as above indicated.  