People ex rel. Taylor v. Tripp

Per Curiam. Where a plaintiff in replevin, before a justice of the peace, has judgment of discontinuance rendered against him by the justice, it is the duty of the justice to proceed and assess damages in favor of defendant, when he waives a return; and if the justice refuses to do this, a writ of mandamus will he allowed, to compel him to do so. Mandamus issued.