Mattson v. Hanisch

This was replevin in the Superior Court of Cook county by appellants against appellee, for a quantity of mittens and gloves. There were two counts in the declaration —one in the cepit, the other in the detinet. The pleas were non cepit, non detinet, and property in defendant, upon which issue was joined. The verdict was: “ We, the jury, .find the defendant not guilty;” on which the court gave judgment and awarded a retorno habendo. Plaintiffs appealed to this court, and amongst other things assign for error the awarding of retorno habendo upon the mere finding of “ not guilty,” without any…