¶1Verdict on replevin-bond.
¶2Debt upon a replevin-bond, after judgment de retorno hábendo in the replevin, and thereupon, a return of elongatur.
¶3Sergeant,
¶4on the trial of the cause, offered witnesses to prove, that the *454goods had been tendered to the plaintiff ; and therefore, that the condition of the replevin-bond had been performed.
¶5*Levy,
¶6opposed the admission of this testimony, and contended, that no evidence could be received to contradict the sheriff’s return. See 12 Mod. 424; T. Raym. 485, 7; 2 Mod. 10, 11; Cro. Eliz. 872, pl. 9.
¶7Sergeant, in reply,
¶8admitted, that some returns of the sheriff could not be traversed; but he contended, that the return of elongatwr was not of that class. See 12 Mod. 426.
¶10overruled the evidence, (a)
¶11A question then arose, whether the jury could include the costs which had accrued on the replevin, in their verdict in the present action. And the Court were clearly of opinion, that they could, and ought to do so. (b)
¶12Conformable to which was the verdict of the jury.