Bourk v. Riggs

Citations

• 38 Ill. 320

Syllabus

<p>1. Verdict—in replevin. The verdict of not guilty,in replevin, is responsive to the issues of non cepit and non detinet.</p> <p>2. Admission—by plea. The pleas of non cepit and non detinet., in replevin, admit the property to be in the plaintiff.</p> <p>3. Writ of retorno habendo—when awarded. A writ of retorno habendo can not be awarded in an action of replevin, unless it appears from the issues tried and the verdict returned that the plaintiff is not the owner.</p> <p>4. So where the issues tried are upon the pleas non cepit and non detinet, and a verdict of not guilty upon those issues, it is error to award a return of the property.</p>