R was insisted by defendant, that the affidavit was insufficient, for the reason that the facts stated in it, did not show a conversion; the defendant might have hired the property from plaintiff.
Beardsley, Justice.Held the affidavit insufficient, for the reason mentioned, and decided that no order was necessary; that plaintiff could hold to bail of course, and defendant must apply to mitigate the amount or discharge on common bail. Order to hold bail vacated, without costs