RtNGo= IS. FIELD. Errnr h PnLreEf
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In an action of replevin, in the cepa and deiinef, the plea of non cePit puts in issue the. takiag alone, and admits the property and possession in the plaintiff.

 Under such issue, the defendant is pfeclu- ded from offering evidence of title in himself, or another, the effect of his plea being to dlselaim title and possession, and admit them in the plaintiff.

 A non-suit cannot be ordered in any case by the court, without the consent and acqui- ! essence of the plaintiff. The correct mo- ton is, 10 instruct the jury, that, if the evi- C ence has not proven matter necessary to be proven, they must find for the defendant, --(, IS held in Martin & Van uorn ys. Webb, ,, k. Rep. 72.)

 Thia court will not review the evidence set out m bill of exceptions, to see wheth- CT it sustains the verdict of the jury or not, when no application was made to The courl below to set 1t aside, or its ip lgement not taken upon the question.-A f.frmed.