Dole v. Kennedy

Citations

• 38 Ill. 282

Syllabus

<p>1. Arrest of judgment—verdict responsive to issues. As a general rule, no judgment can be rendered in any action, until all the material issues of fact are determined.</p> <p>2. Same—verdict in replevin, when sufficient.—In an action of replevin, when the declaration was for a wrongful taking and detention of property, with a count in trover, and the pleas were non cepit, property in the defendant to first count, and not guilty to second count, formal issues being made upon these pleas: Held, that a verdict, which found the property in the plaintiff, and defendant guilty of an unlawful detention, and assessed nominal damages, determined the issues made.</p> <p>3. Verdict in replevin. In an action of replevin there is no general issue, and when a plea of non cepit is interposed, a verdict of not guilty is responsive to the issue.</p> <p>• 4. Instructions. It is not error to refuse to instruct a jury upon a mere abstract proposition of law.</p>