A writ of replevin shall not be issued: (1) Until the plaintiff, or some other credible person, subscribes an affidavit annexed to the writ stating the true and just value of the goods which it is desired to replevy, and that the affiant believes that the plaintiff is entitled to the immediate possession of the goods, and (2) until some person, known to the authority signing the writ to be of sufficient responsibility, has entered into a recognizance before him, with at least one sufficient surety, in a sum at least double the sworn value of the property, conditioned (A) that the plaintiff shall prosecute his action to effect, (B) for the payment of any judgment that may be recovered by the defendant in the action, and (C) for the return of the property to the defendant, and payment to the defendant of all damages sustained by the replevy of the property if the plaintiff fails to establish his right to its possession. The recognizance shall be signed by the obligors in the presence of at least one witness other than the authority taking the recognizance. A record of the recognizance shall be entered at the foot of the writ before the writ is issued, and copies of the process left in service shall contain the affidavit and the recognizance.

(1949 Rev., S. 8254; P.A. 82-160, S. 205.)

History: P.A. 82-160 rephrased the section and inserted Subdiv. and Subpara. indicators.

Writ is demandable as a matter of right; surplusage in description of goods to be replevied. 9 C. 145. Bond holds good until final judgment, in whatever court the suit may be lawfully carried by either party. 1 R. 57; 30 C. 143, 144. Surety not discharged by principal's taking poor debtor's oath. 1 R. 261. Bond forfeited by withdrawal of suit before return day; 30 C. 146; or by neglect of officer to return the writ. 36 C. 147. Defendant cannot recover on bond for a failure to return, if his title was by a lien which has been dissolved. 14 C. 434. Trustee can replevy property attached as his individually. 36 C. 13. Averments in suit on bond for a failure to return. 16 C. 578. As to a demand. 30 C. 148. Sufficiency of affidavit. 49 C. 62; 54 C. 315. In suit on bond, damages are the value of the property at the time it was replevied. 61 C. 285. Bond virtually takes the place of the goods replevied. 64 C. 77. If the writ is void, the bond also is void. 44 C. 371. Defendant in a suit on the replevin bond may show that he never gave it. Id., 469. Return to officer from whom the property was taken, when sufficient. 46 C. 447. Obligor cannot escape liability on the ground of technical defects in the bond. 48 C. 322. Suit on bond; evidence admissible in mitigation of damages. 36 C. 147; 48 C. 475; 59 C. 495. Replevin bond covers costs; nonresident plaintiff not bound to give additional bond. 54 C. 48. Bond of stranger as principal, and plaintiff as surety, held sufficient. 57 C. 193. Variance in copy of affidavit, held immaterial. 65 C. 542. Defendant is not obliged to claim and prove damages in the replevin action, but may, if he so elects, recover them in a subsequent suit on the replevin bond. 71 C. 86; 74 C. 392. Bond represents goods; estoppel of obligee. 64 C. 77. Effect of bond. 70 C. 608; 71 C. 707. When given by receiver. 75 C. 636. Bond of B “as attorney for R” binds B personally. 78 C. 227. Person directing attachment is real party in interest and may sue on bond. 74 C. 392. Action on bond not a bar to action for nonreturn of goods. 76 C. 683. Parties to bond cannot set up defects in its issuance when sued thereon; effect of action by de facto justice. 77 C. 184. Damages recoverable on bond though none claimed in replevin action; 74 C. 392; Id., 553; rule of damages; 71 C. 86; 74 C. 392; Id., 551; evidence of defendant's title as mitigation of damages. 70 C. 605; 71 C. 698; 74 C. 175. Damages recoverable on bond for wrongful replevy of automobile truck. 94 C. 482. Affidavit of value prima facie but not conclusive evidence of true value; purpose of affidavit. 104 C. 503. Irregularities in recognizance make action abatable. 111 C. 113. Cited. 119 C. 460; 222 C. 361.

Cited. 4 CA 58.

Cited. 34 CS 22.