Hanford v. Obrecht

Citations

• 38 Ill. 493

Syllabus

<p>1. Replevin—when a return of the property may be awarded. In replevin the pleas were, 1st. non eepit; 2d. property in the defendant; 3d. property-in a third person, and 4th. justification of the taking under an execution against such third person. Upon a verdict of not guilty, merely, it was held to be error to award a return of the property.</p> <p>2. Such a case is not distinguishable from one where the plea of non eepit alone is filed, and a verdict of not guilty returned ; and in that case it has been held to be error to award a retorno habendo. Vose v. Hart, 12 Ill. 378.</p>