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The Maryland Code Public General Laws, 1904
Volume 393, Page 1687   View pdf image (33K)
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ART. 75] REPLEVIN. 1687

enter judgment for the plaintiff for the property replevied and
for nominal damages and costs, and the same proceedings
shall be had upon the return of two "non ests" as upon a
return of "summoned."

1888, art. 75, sec. 110. 1888, ch. 417.

116. In all actions of replevin where the defendant shall
have been duly summoned and return shall have been made by
the sheriff that either all or some portion of the chattels
described in the writ have been eloigned, the plaintiff, having
duly established his right of possession to all or any portion
of the chattels described in the writ and the illegal detention
of the same from him by the defendant, shall be entitled on
verdict to a judgment for the return of such portion of said
chattels as may have been eloigned, or for their value as found
by the verdict, as well as for any of said chattels actually taken
under the writ, together with damages for the detention of all
chattels mentioned in the writ which the jury shall have found
were unlawfully detained from him by the defendant.

Ibid. sec. 111. 1888, ch. 269.

117. Whenever in replevin or detinue there shall be a judg-
ment in the alternative for the return of chattels or the pay-
ment of their value, the judgment for the return or delivery
of the goods may be enforced by a writ in the nature of a writ
of capias in withernam, and by attachment of the party or par-
ties adjudged to return or deliver the same, or either, unless
the court, on good cause shown, shall otherwise order, or
unless the party or parties entitled to such return or delivery
shall agree of record to accept the value of the chattels as
ascertained by the judgment in lieu of such return or delivery,
but nothing herein contained shall prevent the party entitled
to such judgment from having his execution besides for the
damages, if any, given for the detention and his costs, and
every judgment in detinue and replevin, and every verdict
therein shall ascertain separately the value of the goods and
chattels and the damages, if any, for their detention.

Farmer Packing Co. v. Brown, 87 Md. 13.

1904, eh. 26, sec 111 A

118. From and after March 9, 1904, all bonds given by the
plaintiff in any action of replevin hereafter instituted in any
of the courts of law shall be given to the State of Maryland,
and such bonds shall be for the use of any person interested in


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1687   View pdf image (33K)
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