Sec. 34. In an action to recover the possession of personal property, if the property has been delivered to the plaintiff and the defendant claims a return of the property, judgment for the defendant may be for:
(1) the return of the property, or its value, in case return is not possible; and
(2) damages for the taking and withholding of the property.
[Pre-2002 Recodification Citation: 34-21-9-2.]
As added by P.L.2-2002, SEC.20.
Structure Indiana Code
Article 35. Causes of Action Concerning Personal Property
32-35-2-2. Claim for Immediate Delivery
32-35-2-4. Contents of Affidavit
32-35-2-5. Issuance of Show Cause Order
32-35-2-6. Date, Time, and Place for Hearing
32-35-2-7. Notice to Defendant
32-35-2-8. Order for Possession After Examining Pleadings and Evidence
32-35-2-9. Order for Possession Before Hearing; Grounds
32-35-2-10. Order for Possession Without Notice; Grounds
32-35-2-11. Application to Shorten Time for Show Cause Hearing
32-35-2-12. Sheriff or Other Executing Officer to Hold Property
32-35-2-13. Issuance of Preliminary Order and Temporary Restraining Order
32-35-2-14. Hearing on Preliminary Order
32-35-2-15. Prejudgment Order of Possession
32-35-2-16. Appointment of Receiver
32-35-2-17. Failure of Defendant to Appear
32-35-2-18. Order of Possession; Contents
32-35-2-19. Final Judgment; Contents
32-35-2-20. Final Judgment to Supersede All Preceding Orders
32-35-2-21. Plaintiff's Bond Required
32-35-2-22. Return of Property to Defendant; Bond
32-35-2-23. Service of Notice by Defendant of Filing of Bond
32-35-2-24. Effect of Defendant's Bond on Show Cause Proceedings
32-35-2-25. Redelivery of Property to Defendant From Executing Officer
32-35-2-26. Action in Replevin Against Officer; Procedure
32-35-2-27. Delivery to Defendant in Open Court
32-35-2-28. Service by Sheriff or Other Executing Officer
32-35-2-30. Taking Possession of Building or Enclosure
32-35-2-31. Safekeeping and Delivery of Property; Expenses
32-35-2-32. Order of Possession; Endorsement and Return to Court
32-35-2-33. Judgment for Plaintiff; Contents