When, in an action of replevin, the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute his suit, or judgment is rendered against the plaintiff on proper motion under rules of court, the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant with damages for their detention, or, on failure, that the defendant recover against the plaintiff and his surety the damages sustained by him. The damages shall be assessed by the jury trying the issue; or, where jury trial had been waived, or judgment is rendered against the plaintiff prior to trial on proper motion under rules of court, or he dismisses or fails to prosecute his suit, by a jury of inquest.
(Dec. 23, 1963, 77 Stat. 606, Pub. L. 88-241, § 1.)
1981 Ed., § 16-3711.
1973 Ed., § 16-3711.
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
§ 16–3701. Demand prior to action; costs
§ 16–3703. Affidavit; contents
§ 16–3704. Undertaking to abide judgment of the court
§ 16–3705. Failure of officer to obtain possession; procedure
§ 16–3706. Publication against defendant
§ 16–3708. Motion for return of property; procedure; objection to sufficiency of security
§ 16–3709. Notice to officer of intention to move for return; duty of officer; time of motion
§ 16–3710. Determination and measure of plaintiff’s damages
§ 16–3711. Judgment for defendant and determination of damages
§ 16–3712. Verdict where goods are eloigned
§ 16–3713. Judgment where goods are eloigned
§ 16–3731. Jurisdiction; form of complaint
§ 16–3732. Affidavit; contents
§ 16–3733. Undertaking to abide judgment of the court
§ 16–3734. Failure of officer to obtain possession
§ 16–3735. Publication against defendant
§ 16–3738. Motion for return of property; procedure; objection to sufficiency of security
§ 16–3739. Determination and measure of plaintiff’s damages
§ 16–3740. Judgment for defendant and determination of damages