§ 34-21-11. Damages and costs on divided judgment.
If, upon trial of the writ of replevin, the plaintiff shall make good his or her plea for part of the goods replevied, and shall fail to make it good as to the other part, the plaintiff shall have judgment for reasonable damages for the taking and detention of the part adjudged to be plaintiff’s, and costs, and the defendant shall have judgment for a return and restoration of the goods and chattels 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 the discretion of the court, but the court shall, in such case, set off the damages recovered by each.
History of Section.G.L. 1896, ch. 272, § 8; G.L. 1909, ch. 336, § 8; G.L. 1923, ch. 387, § 8; G.L. 1938, ch. 589, § 8; G.L. 1956, § 34-21-11.
Structure Rhode Island General Laws
Section 34-21-1. - Property repleviable on superior court writ.
Section 34-21-2. - District court jurisdiction.
Section 34-21-3. - Service of writ where deputy is party.
Section 34-21-4. - Bond given prior to service of writ.
Section 34-21-5. - Court examination of bond — Failure of plaintiff to comply with court order.
Section 34-21-6. - Insufficient bond.
Section 34-21-7. - Failure of plaintiff to prosecute.
Section 34-21-8. - Judgment for defendant.
Section 34-21-9. - Form of writ of return and restoration.
Section 34-21-10. - Recovery of damages and costs by plaintiff.
Section 34-21-11. - Damages and costs on divided judgment.
Section 34-21-12. - Restored property subject to prior attachment.
Section 34-21-13. - Assumption of defense by attaching creditor.