Underwood v. White

Citations

• 45 Ill. 437

Syllabus

<p>1. Instructions—wiUnot he repeated. Where an instruction announces the same principle of law as one given, it may be properly refused, although the language of the two instructions is different.</p> <p>2. Verdict—form of, in replevin. In an action of replevin, where there are other pleas than non cepit and non detinet, a verdict “we, the jury find the issues for the defendant,” is not analogous to a verdict of “ not guilty.”</p> <p>3. The verdict of “ not guilty,” in replevin, is not responsive to any issue .hut that the defendant had not taken and detained the property.</p> <p>4. Where there are several pleas in replevin, including “ property in defendant,” and the verdict of the jury is, “We, the jury, find the issues for the defendant,” the defendant will he entitled to a return of the property.</p> <p>5. Where the issue is non cepit, and it is found for the defendant, he is not entitled to a return, hut it is otherwise when the right of property is in issue, hy traversing the plaintiff’s right, or pleading property in another.</p>