The question is, whether the horse at the time of its attachment was required for the plaintiff's actual use. G.L., c. 224, s. 2, 12. On this question of fact there is evidence to be considered by the referee. Somers v. Emerson, 58 N.H. 48; Rice v. Wadsworth, ante 100; George v. Fellows, ante 206.
Report recommitted.
FOSTER, J., did not sit: the others concurred.