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may be had, but if not then the value by the jurors in their verdict ascertained, together with his damages by the jurors in their verdict assessed and his costs by him about his suit in this behalf expended.
Memorandum.  On the trail of this cause the defendant excepted to an opinion of the Court given against him and tendered his bill of exceptions which was signed and sealed by the Court and ordered to be made a part of the record in this cause and is in the words and figures following:-
"Alexandria County Court.
Lacy vs Howison.
Be it remembered that on the day of April 1866, at the April Term of this Court on the trial of this cause the plaintiff introduced besides himself & four witnesses who testified that they knew the horse in relation to which this action is brought, to be in the possession and ownership of the plaintiff prior to the summer of 1863, that said horse was stolen in the month of July 1863, in the County of Fairfax Va, that they afterwards saw the horse in the possession of the deft sometime in the Fall of 1865, which they knew to be the same horse owned by the plaintiff. Some of the witnesses fixed the value of the horse at from $125. to $150. The horse was identified by them by several marks which they named, on the part of the deft:-