Saussay v. W. J. Lemp Brewing Co.

Norval, J.

I concur in the foregoing opinion to the extent it holds that the justice of the peace erred in not permitting plaintiff to dismiss the action, since the record affirmatively discloses that the property was never taken by the constable under the writ, but, on the contrary, the plaintiff obtained possession of the goods independent of the process of replevin.