In an action to recover the possession of personal property, judgment may be rendered for the plaintiff and for the defendant, or for either. Judgment for either, if the property has not been delivered, and a return is claimed in the complaint or answer, may be for the possession or the value thereof in case possession cannot be obtained, and damages for the detention, or the taking and withholding. If possession cannot be obtained of the whole of such property but may be obtained for part thereof then the party entitled thereto may have possession of the part which may be obtained and recover the value of the remainder or may elect to take judgment for the value of the whole of such property. When the prevailing party is in possession of the property, the value thereof shall not be included in the judgment. If the property has been delivered to the plaintiff, and the action be dismissed before answer, or if the answer so claim, the defendant shall have judgment for a return, and damages, if any, for the detention, or the taking and withholding, of such property; but such judgment shall not be a bar to another action for the same property or any part thereof; provided, that in an action for the recovery of specific personal property by the vendor in a conditional sale contract therefor, or by the vendor's successor in interest, by reason of default in the terms of such conditional sale contract, where it shall appear that the defendant in said action is an innocent purchaser for value of the property and without actual knowledge of the existence of such conditional sale contract, in the event that the plaintiff shall prevail in the action, the measure of the plaintiff's recovery shall be the balance unpaid on the conditional sale contract with interest thereon at the rate fixed in the conditional sale contract, if any, reasonable attorney's fees to be approved by the court and the costs and disbursements of the action.
(9395) RL s 4267; 1931 c 202 s 1; 1986 c 444
Structure Minnesota Statutes
Chapters 540 - 552 — Civil Procedure
Section 548.04 — Judgment In Replevin.
Section 548.05 — Treble Damages For Trespass.
Section 548.06 — Damages For Libel.
Section 548.07 — Judgment After Death Of Party.
Section 548.08 — Judgment Roll, How Made Up.
Section 548.09 — Lien Of Judgment.
Section 548.091 — Support, Maintenance, Or County Reimbursement Judgments.
Section 548.10 — New County; Docketing Old Judgments; Real Estate Tax Judgments.
Section 548.101 — Assigned Consumer Debt Default Judgments.
Section 548.11 — Federal Court Judgment; Docketing.
Section 548.12 — Lien Discharged By Deposit Of Money, When.
Section 548.13 — Assignment Of Judgment; Mode And Effect.
Section 548.14 — Judgments, Procured By Fraud, Set Aside By Action.
Section 548.15 — Discharge Of Record.
Section 548.16 — Satisfaction And Assignment By State.
Section 548.17 — Payment And Satisfaction By Court Administrator.
Section 548.181 — Discharge Of Judgments Against Bankruptcy Debtors.
Section 548.19 — Joint Debtors; Contribution And Subrogation.
Section 548.20 — Several Judgments Against Joint Debtors.
Section 548.21 — Discharge Of Joint Debtor.
Section 548.22 — Confession Of Judgment.
Section 548.23 — Plea Of Confession.
Section 548.24 — Submission Without Action.
Section 548.25 — Vacating Real Estate Judgment; Within What Time.
Section 548.251 — Collateral Source Calculations.
Section 548.27 — Filing And Status Of Foreign Judgments.
Section 548.28 — Notice Of Filing.
Section 548.31 — Optional Procedure.
Section 548.32 — Uniformity Of Application And Construction.
Section 548.42 — Variation By Agreement.
Section 548.43 — Determining Money Of The Claim.
Section 548.44 — Determining Amount Of The Money Of Certain Contract Claims.
Section 548.45 — Asserting And Defending Foreign-money Claim.
Section 548.47 — Conversions Of Foreign Money In Distribution Proceeding.
Section 548.48 — Prejudgment And Judgment Interest.
Section 548.49 — Enforcement Of Foreign Judgments.
Section 548.51 — Effect Of Currency Revalorization.
Section 548.52 — Supplementary General Principles Of Law.
Section 548.56 — Applicability.
Section 548.57 — Standards For Recognition Of Foreign-country Judgment.
Section 548.58 — Personal Jurisdiction.
Section 548.59 — Procedure For Recognition Of Foreign-country Judgment.
Section 548.60 — Effect Of Recognition Of Foreign-country Judgment.
Section 548.61 — Stay Of Proceedings Pending Appeal Of Foreign-country Judgment.
Section 548.62 — Statute Of Limitations.
Section 548.63 — Saving Clause.
Section 548.66 — Applicability.
Section 548.67 — Registration Of Canadian Judgment.
Section 548.68 — Effect Of Registration.
Section 548.69 — Notice Of Registration.
Section 548.70 — Petition To Vacate Registration.
Section 548.71 — Stay Of Enforcement Of Judgment Pending Determination Of Petition.
Section 548.72 — Relationship To Uniform Foreign-country Money Judgments Recognition Act.
Section 548.73 — Uniformity Of Application And Interpretation.