§ 34-21-11 - Damages and costs on divided judgment.
SECTION 34-21-11
§ 34-21-11 Damages and costs on dividedjudgment. – If, upon trial of the writ of replevin, the plaintiff shall make good his orher plea for part of the goods replevied, and shall fail to make it good as tothe other part, the plaintiff shall have judgment for reasonable damages forthe taking and detention of the part adjudged to be plaintiff's, and costs, andthe defendant shall have judgment for a return and restoration of the goods andchattels adjudged to defendant, with damages, as provided in § 34-21-10,according to the relative value of such part, and with or without costs at thediscretion of the court, but the court shall, in such case, set off the damagesrecovered by each.