533.140. If defendant fails in his defense--assessment of damages.
If defendant fails in his defense--assessment of damages.
533.140. If the defendant fail in his defense, and have theproperty in possession, the court or jury shall assess the valueof the property, and the damages for all injuries to theproperty, and for the taking and detention, or detention, of thesame, and the judgment shall be against the defendant and hissureties, that he return the property or pay the value soassessed, at the election of the plaintiff, and, also, pay thedamages so assessed and costs of suit. If the defendant have notthe property in possession, the court or jury shall assess thedamages, and the judgment shall be against the defendant and hissureties, for the damages so assessed, and costs of suit; and inall cases the property shall be presumed to be with the party whoshould have it, until the contrary be shown.
(RSMo 1939 § 1801)Prior revisions: 1929 § 1637; 1919 § 2085; 1909 § 2650
(1972) Defendant's liability for interest is limited to period of actual possession, not from date of taking to date of trial. Simmons v. Propane Industrial, Inc. (A.), 488 S.W.2d 253.