
    * Jeremiah Cushman versus Elias Churchill.
    In trespass for taking chattels, the defendant justifies under a writ of replevin. It is sufficient in such >lea to allege that the plaintiff in replevin gave bond, &c., before the chattels were delivered to him.
    Trespass for taking and carrying away a chaise and harness belonging to the plaintiff.
    The defendant justifies as a coroner for this county, and sets forth a writ of replevin, directed to him, commanding him to replevy the chaise and harness, and deliver it to one B. Shepherd, the plaintiff in replevin, provided he give bond, &c., in common form. He then avers, that on the same day, and before the delivery of the chattels to Shepherd, the latter gave bond, &.C., and then sets forth the service and return of the writ.
    The plaintiff demurs generally to the defendant’s plea in bar; and the defendant joins in demurrer.
    
      Wood, in support of the demurrer,
    objected that it did not appear from the plea that the plaintiff in replevin gave the bond before the taking of the chattels by Churchill, which, he insisted, was necessary to the officer’s justification.
    
      Eddy for the defendant.
   Sed per Curiam.

The pleá >or is sufficient.  