
    Barrett against Forrester.
    
    In replevin both parties are actors, and a judgment as in case of nonsuit for not proceeding to trial is never granted.
    This was an action of replevin, and the plaintiff having neglected to bring his cause to trial,
    
      Burr, for the plaintiff,
    now moved for judgment as in case of nonsuit. He cited Barnes, 317.
    
      Harison, contra,
    cited Buller, 65, 3 Term Rep. 661. 1 Black. Rep. 375.
    
      
       S. C., C. G. 92.
    
   Per Curiam.

In an action of replevin, both parties are considered as equally actors, and either may carry down the cause to trial.. A judgment, therefore, as in case of nonsuit is never granted in an action of replevin.

Rule refused. 
      
       Gra. Prac. 2d edit. 612, 900. If neither party shall have noticed the cause for trial, the defendant may move for judgment as in case of nonsuit, in the same manner and with the like effect as in personal actions. 2 R. S. 2d edit. 436, § 46. Potts v. Curtis, 9 Wend. 497.
     