Judgment for possession or damages in action for recovery of personal property.

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15-16-1. Judgment for possession or damages in action for recovery of personal property.

In an action to recover the possession of personal property, the judgment for the plaintiff may be for the possession, or for the recovery of possession, or the value thereof in case a delivery cannot be had, and of damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof in case a return cannot be had, and damages for taking and withholding the same.

Source: SDC 1939 & Supp 1960, §33.1709.


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