MR. JUSTICE SWAYNE delivered the opinion of the court.
This was an action of replevin, prosecuted by the plaintiff in error. The judgment was against him. The bill of exceptions discloses all the evidence given by both parties. The facts lie within a narrow compass, and, except as to one point, which in our view is of no consequence in this case, there is no disagreement between them.
Talty had a claim against the city of Washington for work and materials...
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