L. Fish Furniture Co. v. Reliable Storage & Van Co.

Mr. Presiding Justice Smith delivered the opinion of the court. 3. Tboveb and convebsion, § 42*—when submission to jury of improper form of verdict is error. In an action of replevin, later changed to trover, submission to the jury of one form of verdict requiring the jury to find defendant guilty of malicious and intentional conversion, held error, there being no such averments in the affidavit for replevin or statement of claim filed, nor any evidence to base it on.