Pratt v. Tucker

Citations

• 67 Ill. 346

Syllabus

<p>1. Replevin—return—when awarded. Where property levied on by a sheriff under an execution is replevied by a third party, and the officer pleads property in the defendant in execution, non detinet, and justification under the execution, and a verdict is found in favor of the plaintiff except as to a certain mare, it is error not to render judgment in favor of the defendant for the return of such. mare.</p> <p>3. Ebbob—which works no injury. Courts will not reverse unless it appears that the error complained of worked injury to the party com. plaining. Thus, in replevin for property levied on under execution, where it clearly appears that the property belonged to the plaintiff, and not to the cjefendant in execution, the refusal to admit the execution in evidence is an error which can not injure the defendant.</p>