Marshall v. Yoos

This was an action of replevin by plaintiff in error against defendant in error, to recover, possession of a cow. Plaintiff in error claimed possession of the animal as owner. Defendant in error attempted to justify his taking and holding her as pound-master.

The judgment of the circuit court, from which this writ of error is prosecuted, is peculiar. It adjudges the defendant not guilty, and plaintiff to pay costs, but makes no disposition of the property. If a judgment of not guilty is to be treated as a finding on all the issues, there should have been an order for a return of the property.…