If any of the property described in the writ of replevin is not replevied, but the plaintiff proves a general or special property interest therein with a right to its immediate possession, and that the property is wrongfully detained by the defendant, and claims full damages therefor, the value of the property with damages for its detention may be included in any judgment which the plaintiff may recover. Any such value shall be stated upon the record. No costs may be taxed against a common carrier which is defendant in any action of replevin for recovery of goods, wares, merchandise, baggage or freight in its possession when such common carrier upon demand surrenders the property to the officer serving the writ and makes no defense to the action.
(1949 Rev., S. 8266; P.A. 82-160, S. 215.)
History: P.A. 82-160 rephrased the section.
Recovery of damages where goods are detained out of state. 66 C. 549. Judgment on verdict giving no damages set aside; 100 C. 99; and also one on verdict awarding excessive damages. Id., 97.
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