Hanford v. Obrecht
Illinois Supreme Court
Appeal from the Circuit Court of Kankakee County; the Hon. Charles R. Starr, Judge, presiding. This was an action of replevin brought by Zahnon F. Hanford against Jacob Obrecht. A trial resulted in a verdict and judgment for the defendant. The plaintiff brings the case to this court by appeal. A sufficient statement of the case will be found in the opinion of the Court.
1Opinion of the CourtJustice Lawrence
This was an action of replevin. The defendant pleaded four pleas : 1st. non cepit; 2d. property in himself; 3d. property in one Zalmon Hanford, and the 4th. justified the taking by the defendant, as sheriff, under an execution against Zalmon Hanford. Issues were made up on these pleas, and the jury on the trial merely found a verdict of not guilty, upon which the court rendered judgment and ordered a return of the property.
In Vose v. Hart, 12 Ill. 378, the court held that where there was only a plea of non cepit, and a verdict of not guilty, it was error to award a retorno habendo. That case…
2Cases cited1 opinion
- Vose v. HartIllinois Supreme Court · 1851
3Cited by5 opinions
- Rohe v. PeaseIllinois Supreme Court · 1901
- Farrah v. BursleyMichigan Supreme Court · 1894
- Hackett v. JonesAppellate Court of Illinois · 1890
- Harris v. O'GormanMichigan Supreme Court · 1898
- Dyer v. BrownAppellate Court of Illinois · 1897