Jarrard v. Harper

Citations

• 42 Ill. 457

Syllabus

<p>1. Instructions—when technically wrong—how cured. Where, in an action of replevin, the court instructed the jury: “ If you believe, from the evidence, that the property in question was plaintiff’s, you must find the defendant guilty,”— Held, that, technically, the instruction should have embraced proof of a demand, to justify a verdict for the plaintiff; but, as the record shows proof of a demand before suit brought, and the evidence sustains the verdict, this court will not reverse the judgment.</p> <p>2. Verdict—where proceedings are ore terms—need not he precisely in form,. In an action of replevin, where the proceedings were ore terms, a verdict that “We, the jury, find the defendant guilty,” although not precisely in form, is equivalent to a finding of the property in the plaintiff.</p>