Section 42-8-10 – [Manner of executing writ.]
The writ shall be executed by delivering the goods and chattels in the complaint mentioned, to the plaintiff, and by summoning the defendant to appear on the return day of the writ, to answer the action of the plaintiff. History: C.L. 1897, § 2685 (237), added by Laws 1907, ch. 107, § 1 (237); Code […]
Section 42-8-11 – [Judgment against plaintiff and sureties; value plus damages; option of defendant.]
In case the plaintiff fails to prosecute his suit with effect and without delay judgment shall be given for the defendant and shall be entered against the plaintiff and his securities for the value of the property taken, and double damages for the use of the same from the time of delivery, and it shall […]
Section 42-8-12 – [Property not returned and accepted; collection of value.]
If such property be not returned and accepted within thirty days after the judgment, the sheriff shall collect the assessed value thereof from the plaintiff and his securities as on other executions. History: C.L. 1897, § 2685 (240), added by Laws 1907, ch. 107, § 1 (240); Code 1915, § 4351; C.S. 1929, § 105-1712; […]
Section 42-8-13 – [Officer damnified; suit on bond.]
Any officer damnified by the execution of a writ of replevin may maintain an action therefor on the bond by him taken. History: C.L. 1897, § 2685 (241), added by Laws 1907, ch. 107, § 1 (241); Code 1915, § 4352; C.S. 1929, § 105-1713; 1941 Comp., § 25-1514; 1953 Comp., § 22-17-14. ANNOTATIONS Bracketed […]
Section 42-8-14 – [Defendant may sue on bond in name of officer.]
The defendant may, for any violation of the bond, bring an action thereon in the name of the officer for his use. History: C.L. 1897, § 2685 (242), added by Laws 1907, ch. 107, § 1 (242); Code 1915, § 4353; C.S. 1929, § 105-1714; 1941 Comp., § 25-1515; 1953 Comp., § 22-17-15. ANNOTATIONS Bracketed […]
Section 42-8-15 – [Liability of sheriff for failure to take sufficient bond from plaintiff.]
The sheriff for failing to take bond, or for taking insufficient bond from the plaintiff, shall be responsible on his official bond for all damages sustained thereby, recoverable by action in the name of the party injured. History: C.L. 1897, § 2685 (243), added by Laws 1907, ch. 107, § 1 (243); Code 1915, § […]
Section 42-8-1 – [Right of action; purpose of remedy.]
Any person having a right to the immediate possession of any goods or chattels, wrongfully taken or wrongfully detained, may bring an action of replevin for the recovery thereof and for damages sustained by reason of the unjust caption or detention thereof. History: C.L. 1897, § 2685 (228), added by Laws 1907, ch. 107, § […]
Section 42-8-2 – [Cross-replevin; property in hands of officer.]
No cross-replevin or replevin for property in the hands of an officer shall be brought, except as herein provided. History: C.L. 1897, § 2685 (229), added by Laws 1907, ch. 107, § 1 (229); Code 1915, § 4341; C.S. 1929, § 105-1702; 1941 Comp., § 25-1502; 1953 Comp., § 22-17-2. ANNOTATIONS Bracketed material. — The […]
Section 42-8-3 – [Replevin against officer; authorization; additional affidavit; third party may intervene and give forthcoming bond.]
Whenever the property, goods or chattels of any person not a party to the record are wrongfully seized by any officer under or by virtue of any writ of execution, mesne or other process from any court, except under a writ of replevin, such person or persons may maintain a suit in replevin for the […]
Section 42-8-4 – [Remedy against corporation same as against individual.]
Suits of replevin may be commenced and carried to a conclusion against any incorporated company in this state in all cases that may be begun and carried against any ordinary defendants. History: C.L. 1897, § 2685 (231), added by Laws 1907, ch. 107, § 1 (231); Code 1915, § 4343; C.S. 1929, § 105-1704; 1941 […]