12-1309. Finding for defendant; property not in possession of plaintiff; judgment
If at the time of trial the plaintiff is not in possession of the property, or it is not under his control, and the finding is for the defendant, then the alternative judgment shall not be given but only judgment for the value of the property, the damages suffered by its seizure, costs in the action and reasonable attorney's fees. The judgment shall be against the plaintiff and the sureties on his bond.