If the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judgment shall be that the goods be returned to the defendant, or, on failure, that the defendant recover their value, with interest thereon and damages for the detention, the value of the property and the damages to be assessed by the jury trying the cause; or, where the plaintiff fails to prosecute, by a jury impaneled for the purpose.
Code 1858, § 3390 (deriv. Acts 1845-1846, ch. 65, § 9); Shan., § 5144; Code 1932, § 9299; T.C.A. (orig. ed.), § 23-2319.
Compiler's Notes. This section may be partially superseded by the 1973 amendment to §29-30-201 and the enactment of part 1 of this chapter, which revised the law on recovery of personal property.
Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Recovery of Personal Property, §§ 18—22.
Law Reviews.
Procedure and Evidence — 1955 Tennessee Survey (Edmund M. Morgan), 8 Vand. L. Rev. 1071.
Remedies Under the Tennessee Commercial Code (John A. Walker, Jr.), 30 Vand. L. Rev. 1197.
Replevin — Prior Notice and Hearing — Due Process, 40 Tenn. L. Rev. 125.
Cited: Beaty v. McGraw, 15 S.W.3d 819, 1998 Tenn. App. LEXIS 827 (Tenn. Ct. App. 1998).