Retter v. Webber

The action is in replevin for possession of a team of horses, and for damages for withholding the same. The judgment entered on a jury verdict is for a sum of money only consisting of the value of the horses and the damages for withholding. The form of the judgment is improper. It should have been for the *194possession of the horses together with the plaintiff’s damages for detention,, and for the value of the horses as fixed by the jury to -be paid by the defendant if possession of the horses is not delivered to the plaintiff. (Civ. Prac. Act, § 1124.) Considering the way the case was left to…