Determination and measure of plaintiff’s damages

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Whether, in an action of replevin, the defendant answers and the issue thereon joined is found against him, or judgment is rendered against him on proper motion under rules of court, or he makes default after personal service or publication, the plaintiff’s damages shall be ascertained by the jury trying the issue, where one is joined, or by a jury of inquest, where jury trial had been waived or there is no issue of fact, and the damages shall be the full value of the goods, if eloigned by the defendant, including, in every case, the loss sustained by the plaintiff by reason of the detention, and the judgment shall be rendered for the plaintiff accordingly.

(Dec. 23, 1963, 77 Stat. 605, Pub. L. 88-241, § 1.)

Prior Codifications

1981 Ed., § 16-3710.

1973 Ed., § 16-3710.


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