Opinion
Gen. No. 43,519. Abstract of Decision.
Opinion filed May 29, 1946 Released for publication July 2, 1946
REPLEVIN, § 86 — when correction of replevin order to provide for return of property to defendant was proper. In replevin action to recover possession of household furniture, where order was entered vacating order entered four days previously, finding that right to possession of property replevied was not in plaintiff, and ordering that writ of retorno habendo issue for return of property, which was omitted in prior order, held that order should have directed return of property to defendant in first instance and order subsequently entered correcting clerical mistake was proper (Ill. Rev. Stat. 1945, ch. 119, par. 22; Jones Ill. Stats. Ann. 109.522).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JAY A. SCHILLER, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the October term, 1945.
James B. Hood and William C. Scherwat, for appellants;
George A. Gordon, for appellees.
Not to be published in full. Opinion filed May 29, 1946; released for publication July 2, 1946.