Lear v. Montross

Citations

• 50 Ill. 507

Syllabus

<p>Measure of damages—in an action of trespass. Where in an action of replevin, the property was found to belong to the defendant therein, and a writ of retorno hahendo awarded, such writ will not authorize the officer to take the property from the possession of a third person who was not a party to the suit; and if the officer does, under color of the writ, take the property from such third person, he will be guilty of a technical trespass, for which an action will lie, but the measure of damages to be recovered against the officer would be simply for the trespass, and not the value of the property taken.</p>