Esch v. Dillon

Plaintiff brought an action of replevin before a justice of the peace against the defendant to recover possession of a plow. The plow was not taken on the writ and the plaintiff declared in trover. There was a jury trial in the justice court and by their verdict the jury found the issues in favor of the defends ant and found “the right of property alleged in the affidavit in said defendant.” An appeal was taken to the county court of Cook county where a trial ele novo was had. At the close of all the evidence the court on motion of the plaintiff instructed the jury to find the “defendant…