
    Henry Stack v. Adoniram J. Smith, Justice of the Peace.
    
      Replevin — Election of judgment for value.
    
    Election to take judgment for value in replevin before a justice, cannot be exercised, as matter of right, after an adjourned day on which the plaintiff discontinued and defendant did not appear.
    Motion for order to show cause.
    Submitted June 17.
    Denied June 19.
    
      Cook & Daboll for relator.
   Per curiam.

If the relator had appeared on the adjourned day. of the suit, and elected when plaintiff discontinued the suit, to take judgment for the value of the property replevied from him, he would have been entitled to it; but he did not appear there. He could not appear there afterwards and demand that judgment.

Motion denied.  