Vose v. Hart
Illinois Supreme Court
This was an action of replevin in the Lake Circuit Court, brought by plaintiffs in error, and tried before Dickey, Judge, and a jury, at October term, 1850; and a verdict and judgment for the defendant. ■ Damages for $15.85' with costs, and a return of the property replevied, were awarded by the judgment. A motion for a new trial was overruled, and a bill of exceptions taken.
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This was an action of replevin in the Lake Circuit Court, brought by plaintiffs in error, and tried before Dickey, Judge, and a jury, at October term, 1850; and a verdict and judgment for the defendant. ■ Damages for $15.85' with costs, and a return of the property replevied, were awarded by the judgment. A motion for a new trial was overruled, and a bill of exceptions taken. The only plea filed, denied the taking of the goods in the said declaration mentioned, or any of them, in manner and form, as the said plaintiffs alleged. Issue was joined on this plea.
1Opinion of the CourtTreat, C. J.
Declaration in replevin. Plea non cepit. Verdict for the defendant. Judgment that he recover his costs, and have a return of the 'goods replevied. The judgment cannot be sustained. It is broader than the issue. The defendant was only entitled to a judgment for costs, the right of property not being in issue. The plea of non cepit admitted the right of property to be in the plaintiffs, and merely put in issue the taking of the goods. If the defendant desired a return of the goods, he should have put the right of property in issue, by formally traversing the plaintiff’s allegation of right, or…
2Cited by11 opinions
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- Van Namee v. BradleyIllinois Supreme Court · 1873
- Underwood v. WhiteIllinois Supreme Court · 1867
- Bourk v. RiggsIllinois Supreme Court · 1865
- Rohe v. PeaseIllinois Supreme Court · 1901
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