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PHILLIPS verʃus HYDE.

D

EBT upon a Replevin bond, after judgment de returno habendo in the Replevin, and thereupon a return of Elongatur.

Sergeant, on the trial of the caufe,offered witneffes to prove, that the goods had been tendered to the Plaintiff ; and, therefore, that the condition of the Replevin bond has been performed. ​

1789.

Levy oppofed the admiffion of this teftimony, and contended that no evidence could be received to contradict the Sherrif's return. See 12 Mod. 424. T. Raym. 485 7. 2Mod. 10.11. Cro. E. 872. pl.o.

Sergeant, in reply, admitted, that fome returns of the fherriff could not be tranverfed ; but, he contended, that the return of Elongatur was not of that clafs. See. 12 Mod. 426.

the court over-ruled the evidence.


A queftion then arofe, Whether the Jury could include the cofts which had accrued on the Replevin, in their verdict in the prefent action. And the court were clearly of opinion, that they could, and ought to do fo.[♦]

Conformably to which was the verdict of the Jury.

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