11-37-121 - When property not taken, plaintiff may elect to recover damages.
§ 11-37-121. When property not taken, plaintiff may elect to recover damages.
If the return of the officer on the writ shows a failure to take the goods and chattels, but the defendant has been summoned, the plaintiff may declare and prosecute the action for the recovery of the value of the property, and damages for the taking or detention of the property, as if he had thus commenced his action, and the plaintiff and his sureties shall, upon motion, be discharged on their bond.
Sources: Laws, 1975, ch. 508, § 11, eff from and after passage (approved April 8, 1975).