All defenses to an action of replevin, other than those to the jurisdiction or in abatement, including avowry, alleging the defendant's right to take and hold the goods, and disclaimer, renouncing any interest in the goods, shall be made by answer or demurrer. Those defenses claiming that the taking is for a lawful cause shall be by way of answer alleging the special facts upon which they are based. If the defendant claims a return of the goods or damages, he shall make the claim by way of counterclaim.
(1949 Rev., S. 8260; P.A. 82-160, S. 210.)
History: P.A. 82-160 rephrased the section, after “avowry” added “alleging the defendant's right to take and hold the goods” and after “disclaimer” added “renouncing any interest in the goods”.
Writ without a complaint is a nullity; remedy is motion to erase from docket; defect is not amendable. 97 C. 399; 98 C. 229. Defendant not entitled to damages unless he demands them in counterclaim; recovery restricted to damages growing out of act of replevy. 101 C. 61. Misdescription of property replevied cured by provision in conditional sale contract allowing vendor, on default, to enter and retake possession. 105 C. 675.
When defendant simply filed general denial, court could award costs but not damages. 11 CS 334. Cited. 14 CS 458.
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