
    Israel Heald versus Abial Cushman.
    In replevin, if neither of the parties request instruction that the jury should find the value of the articles, they are presumed to have acquiesced in the valuation contained in the writ.
    Replevin for a wagon and harness, valued in the writ at $50, and two buffalo robes, valued at $6. When the case went to the jury on an issue of property, they had no instruction to find the value of the property ; nor was any such instruction asked by either party. . Their verdict found the property of the wagon and harness, to be in the defendant, and that of the robes to be in the plaintiff, but no value was assessed as to either of the articles.
    
      In order to set aside the verdict, A. W. Paine, for the plaintiff, contended that it was defective, by means of its omission to return the value of the articles. The rights of the parties cannot be determined by it. The costs depend upon the value assessed. Till such assessment is made, there can be no judgment. '
    
      Prentiss, for the defendant.
    The plaintiff is bound by the valuation he has affixed to the articles in his writ. Where neither party calls for any other estimate, it is presumed that valuation is satisfactory to both parties.
   Tenney, J. orally.

— The requirement that the value should be ascertained was inserted in the statute, merely to regulate the- cost. The plaintiff has made his own estimation, and not having requested instruction that the jury should pass upon the subject, he is bound by that estimation.  