§ 42-32. Damages assessed to trial.
§42‑32. Damages assessed to trial.
On appeal to the districtcourt, the jury trying issues joined shall assess the damages of the plaintifffor the detention of his possession to the time of the trial in that court;and, if the jury finds that the detention was wrongful and that the appeal waswithout merit and taken for the purpose of delay, the plaintiff, in addition toany other damages allowed, shall be entitled to the amount of rent in arrears,or which may have accrued, to the time of trial in the district court. Judgmentfor the rent in arrears and for the damages assessed may, on motion, berendered against the sureties to the appeal. (1868‑9, c. 156, s. 28;Code, s. 1775; Rev., s. 2006; C.S., s. 2371; 1945, c. 796; 1971, c. 533, s. 7;1979, c. 820, s. 7.)