In an action to recover personal property, the plaintiff may elect:
It shall be the duty of the court to instruct the jury to render the verdict as the plaintiff elects.
(Ga. L. 1860, p. 43, § 1; Code 1863, § 5117; Code 1868, § 3506; Code 1873, § 3564; Code 1882, § 3564; Civil Code 1895, § 5335; Civil Code 1910, § 5930; Code 1933, § 107-105.)
Cross references.- Right of action for injuries to personalty generally, Ch. 10, T. 51.
RESEARCH REFERENCES
ALR.
- Right to maintain a bill for accounting or discovery against one who has stolen or converted goods or received the same, 58 A.L.R. 184.
Time for exercise of option under a judgment in replevin for return of property or payment of specified sum, 67 A.L.R. 1497.
Judgment in replevin as bar to action by plaintiff for consequential damages for wrongful seizure or conversion of property, 69 A.L.R. 655.
Damages for wrongful removal or destruction of fixtures, 69 A.L.R. 914.
Waiver of tort and recovery in assumpsit for conversion as dependent on or affected by sale of the goods by the converter, 97 A.L.R. 250.
Judgment in action for conversion or to recover possession of personal property, resulting from defalcation or misappropriation, as res judicata of subsequent action for conversion or to recover possession, 106 A.L.R. 1425.
Right to satisfy judgment requiring return of property in defendant's possession by payment of damages, where return would subject defendant to loss, 159 A.L.R. 546.
Alternative judgment in replevin as giving option to either party in regard to payment of damages or return of property, 170 A.L.R. 122.
Conclusive election of remedies as predicated of commencement of action, or its prosecution short of judgment on the merits, 6 A.L.R.2d 10.