If the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judgment shall be that the goods be returned to the defendant, or, on failure, that the defendant recover their value, with interest thereon and damages for the detention, the value of the property and the damages to be assessed by the jury trying the cause; or, where the plaintiff fails to prosecute, by a jury impaneled for the purpose.
Code 1858, § 3390 (deriv. Acts 1845-1846, ch. 65, § 9); Shan., § 5144; Code 1932, § 9299; T.C.A. (orig. ed.), § 23-2319.
Structure 2021 Tennessee Code
Title 29 - Remedies and Special Proceedings
Chapter 30 - Recovery of Personal Property
§ 29-30-203. Procedure After Personal Service but Failure to Get Property
§ 29-30-204. Publication on Nonresident
§ 29-30-205. Clerk's Liability for Insufficient Bond
§ 29-30-206. Trial Without Personal Service
§ 29-30-208. Judgment for Defendant
§ 29-30-209. Failure to Return Goods Under Alternative Judgment for Defendant
§ 29-30-210. Exemplary Damages
§ 29-30-213. Execution of General Sessions Judge's Writ
§ 29-30-214. General Sessions Court Judgment for Defendant