Belcher v. Van Duzen

Citations

• 37 Ill. 281

Syllabus

<p>1. Replevin—dismissing for want of jurisdiction—'when not proper. In an action of replevin where the issues are non-detinet, not the property of the plaintiff, and property in the defendant, and the fact of a partnership between the plaintiff and defendant is evolved on the trial, it is erroneous to dismiss the cause, on motion of the defendant, for want of jurisdiction.</p> <p>2. Evidence — of partnership for the jury. Such evidence should go to the jury, and would perhaps, have determined the first'issue for the defendant.</p> <p>3. Issues — not to he taken from jury. It was the right of the jury to decide the case on the evidence under the issues as they were made up, and although there might be a partnership between the parties to the suit, still, the plaintiff may have had the exclusive right to the immediate possession of the property in dispute.</p>