Statutes > New Mexico Statutes > Chapter 42 - Actions and Proceedings Relating to Property. > Article 8 - Replevin, 42-8-1 through 42-8-22. > Section 42-8-11 - Judgment against plaintiff and sureties; value plus damages; option of defendant.

Section 42-8-11 - Judgment against plaintiff and sureties; value plus damages; option of defendant.

42-8-11. [Judgment against plaintiff and sureties; value plus damages; option of defendant.]

In case the plaintiff fails to prosecute his suit with effect and without delay judgment shall be given for the defendant and shall be entered against the plaintiff and his securities for the value of the property taken, and double damages for the use of the same from the time of delivery, and it shall be in the option of the defendant to take back such property or the assessed value thereof.