No judgment for a return of the goods or for damages may be given to a defendant under a mere denial of the acts complained of, nor may a judgment of return be rendered in favor of a defendant who has either filed a disclaimer of interest in the goods or not filed a counterclaim claiming a return of the goods replevied.

(1949 Rev., S. 8262; P.A. 82-160, S. 212.)

History: P.A. 82-160 rephrased the section.

Plea of lien by attachment. 14 C. 116, 117. Attachment dissolved. Id., 434; 16 C. 573; 18 C. 558; 31 C. 119. Informality in avowry; judgment on avowry for a taking damage feasant. 4 D. 144. Presumption to support judgment on general issue. 36 C. 115. Judgment of return, on plea in abatement. 17 C. 242. Time of filing disclaimer rests in the discretion of the trial court. 41 C. 580. Wrongful detention not in issue unless disclaimer is filed with a general denial. 69 C. 451. Notice filed with the general issue is to be liberally construed in favor of the pleader. Id., 498, 499. Evidence admissible under the general issue. 70 C. 16. General issue alone does not raise issue as to demand for goods. 74 C. 23, see 71 C. 93. New trial given where defendant had damages without counterclaim in violation of section; limitation as to elements of damage. 101 C. 61. Cited. 118 C. 225.

Where defendant simply filed general denial, court could not direct plaintiff to return a washing machine to defendant which defendant purchased under a conditional sales contract. 11 CS 334. Cited. 14 CS 458.