
    * Simeon M’Farland versus Isaac Barker.
    
      Practice. — Under a plea of non cepit in replevin, the Court will not permit the defendant to give special matter in evidence in justification.
    This was an action of replevin, to which the defendant pleaded non cepit, with a reservation to give any special matter in evidence, as though the same had been pleaded in justification.
   The Court (Strong, Sedgwick, Sewall, and Thacher, justices) would not permit the cause to go on under such a plea, saying it was absurd, and ordered a repleader.  