§ 5331. For what and where maintainable A person may maintain an action of replevin for goods in the county in which the goods are detained in any of the following circumstances: (1) When goods are unlawfully taken or unlawfully detained from the owner or person entitled to the possession thereof. (2) When goods or […]
§ 5332. Damages when replevin delays service of execution If the goods, when replevied, were taken in execution or attached, and judgment is afterwards rendered for the attaching creditor, and if, in either case, the service of the execution is delayed by means of the replevin, the damages assessed for the defendant, upon judgment for […]
§ 5333. Service not delayed as to balance of execution; alias execution When the goods or chattels were taken in execution, the service thereof shall not be delayed as to any balance due thereon, after deducting the value of such goods or chattels, but the officer may execute the same, and the creditor may have […]
§ 5334. Sale of goods returned When judgment is rendered in favor of the defendant in the action of replevin, and the goods or chattels are returned, the same may be sold and the proceeds applied by the officer who took them in execution as if they had not been replevied.
§ 5335. Sums recovered by officer, how applied Sums recovered in an action of replevin by an officer for or on account of goods attached or taken in execution by him or her, or recovered in an action on the bond given upon the replevin of such goods, shall be applied so far as they […]
§ 5336. Attachment lien preserved When the goods which are replevied had been attached, they shall, in case of a judgment for return, be held liable to the attachment and to levy of execution in the same manner as though replevin thereof had not been made. When final judgment is rendered before the return of […]
§ 5337. Writ of reprisal When the officer to whom the writ of return is committed cannot find the goods replevied, so as to deliver them to the defendant, he or she shall make return of that fact upon such writ, and the defendant shall thereupon be entitled to a writ of reprisal, to be […]
§ 5338. When judgment for plaintiff is given When it appears upon the default of the defendant, or upon trial in the action of replevin, that the goods were unlawfully taken or attached or unlawfully detained by the defendant, the plaintiff shall have judgment for his or her damages caused thereby, and his or her […]
