CHAPTER 921*

REPLEVIN

*Sec. 52-515 et seq., replevin statutes, cited. 222 C. 361. As applied by court these statutes meet requirements of due process of law. Id.

Table of Contents

Sec. 52-515. When action of replevin maintainable.

Sec. 52-516. Commencement of action of replevin. Prejudgment remedy.

Sec. 52-517. Replevin for property attached.

Sec. 52-518. Replevin writ; affidavit as to value of goods and recognizance required.

Sec. 52-519. Form of writ, affidavit and bond.

Sec. 52-520. Determination of jurisdiction of court.

Sec. 52-521. Replevin; service; new bond; voiding of process.

Sec. 52-522. Pleadings.

Sec. 52-523. Complaint.

Sec. 52-524. Defenses.

Sec. 52-525. Statement of title.

Sec. 52-526. Judgment.

Sec. 52-527. Transfer of cause to higher court.

Sec. 52-528. Procedure on withdrawal or nonsuit of plaintiff.

Sec. 52-529. Burden of proof. Evidence. Damages and costs.

Sec. 52-530. Damages for property not replevied. No costs against common carrier.

Sec. 52-531. Nonresident defendant; security for costs.


Sec. 52-515. When action of replevin maintainable. The action of replevin may be maintained to recover any goods or chattels in which the plaintiff has a general or special property interest with a right to immediate possession and which are wrongfully detained from him in any manner, together with the damages for such wrongful detention.

(1949 Rev., S. 8251; P.A. 82-160, S. 202.)

History: P.A. 82-160 made minor changes in wording.

See Sec. 42a-2-716(3) re goods identified to sales contract.

In 1672, following the lead of Massachusetts, which had enacted a similar statute in 1641, the action of replevin was given for all goods and chattels “impounded, distrained, seized or extended, unless it be upon execution after judgment and in payment of fines and rates.” In the revision of 1821, special provisions were made for determining the court to which the action should be brought, and the forms of proceeding in different cases. In the compilation of 1835, the action was restricted to cases of impounding, distraining and attachments; and, in the revision of 1849, to cases of impounding and attachments levied on the goods of a third party. In 1863 it was extended to all other cases of unlawful detention of goods (54 C. 318), but the special provisions regulating the forms of proceeding in regard to cases of impounding and attachments were retained; in the revision of 1875 they were consolidated and essentially changed. Replevin is governed by statute rather than by the rules of the common-law action of the same name. 66 C. 547. Action of replevin examined and explained. 14 C. 114. See a review of the various changes in our legislation in 38 C. 249. If cattle lawfully impounded are unlawfully detained by the poundkeeper, the impounder is not liable in this action. 24 C. 361. Prior to the revision of 1875, replevin would not lie for property taken on execution; 39 C. 213; 41 C. 321; 44 C. 176, 177; but the statute, as then revised, embraces chattels held on an execution. 49 C. 112, 113. Right to immediate possession was necessary at common law; 42 C. 76; 60 C. 465; otherwise by statute. 42 C. 76. Previous demand unnecessary, when. 42 C. 425; 86 C. 372; 105 C. 677. Replevin is maintainable by a receiptor of goods attached. 45 C. 109. Not maintainable by purchaser of stolen goods against officer holding them for identification. Id., 548. Replevin does not lie for liquors seized for condemnation; 48 C. 200; nor for liquors kept to be sold in violation of law. 49 C. 164. Effect of acquiring right to the property pending suit. 51 C. 176. Lies only for specific, distinguishable property. 54 C. 318. Money is not repleviable, when. 66 C. 511. Lies to recover liquor license; 74 C. 392; to recover goods fraudulently obtained. 73 C. 547. Does not lie to recover real fixture; 75 C. 170; nor can mortgagee out of possession recover fixture severed by mortgagor. 72 C. 464. It does not lie where possession was originally secured lawfully and has not become unlawful. 83 C. 159. Lies against several where one defendant refuses delivery and others claim under him; 77 C. 462; but not where each claims different portion of goods. 86 C. 372. Bringing of action by seller of goods as rescission of sale. 91 C. 482. Proof of claim in bankruptcy for part of goods sold as defense to replevin of rest. Id. Quaere, whether writ lies for goods already held under another replevin writ. Id., 320. Effect of abandonment of replevin action. 99 C. 265. Defendant not entitled to damages unless he counterclaims; amount of damages. 101 C. 60. Demand unnecessary where conditional vendor has right to immediate possession. 105 C. 677. Owner entitled to damages for loss of use of automobile wrongfully replevied. 108 C. 526. Verdict set aside for refusal to award any damages; and for awarding excessive damages. 100 C. 97, 99. See note to Sec. 52-517 re 128 C. 199 and Id., 506. Plaintiff must rely on strength of his title rather than weakness of defendant’s and must prove a right to immediate possession. 135 C. 517. Power of sale gives chattel mortgagee a right of general property and replevin lies. 137 C. 145. Depreciation in value during period of detention is proper element of damages, but right to such damages ceases on termination of the detention. 152 C. 695. Plaintiff did not, as a matter of statutory law, have right to immediate personal possession of pathology slides. 246 C. 45.

Court lacked a legal basis on which to grant opportunity to redeem, repurchase or bond goods or chattels subject to replevin because an action of replevin is purely statutory, not equitable, in nature. 105 CA 749.

Sec. 52-516. Commencement of action of replevin. Prejudgment remedy. (a) An action of replevin shall be commenced by a writ of summons or attachment, describing the parties, the court to which it is returnable and the time and place of appearance. The writ shall be signed as in other civil actions and may run into any judicial district.

(b) An action of replevin, to the extent that it includes a prejudgment remedy as defined in section 52-278a, shall not be allowed unless the provisions of sections 52-278a to 52-278f, inclusive, are complied with.

(1949 Rev., S. 8252; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 203.)

History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 rephrased the section and added Subsec. (b) prohibiting actions of replevin that include prejudgment remedies as defined in Sec. 52-278a unless the provisions of Secs. 52-278a to 52-278f, inclusive, are complied with.

See Sec. 51-15 re rules of procedure in certain civil actions.

Cited. 66 C. 549. Writ without complaint is a nullity; not amendable; remedy is to erase from docket; defendant has no right to plead further or to damages. 97 C. 399; 98 C. 229. Effect of returning writ to wrong court. 105 C. 673. Misdescription of property replevied. Id., 675. Cured by provision in original conditional bill of sale permitting vendor on default to enter and take possession. Id. Cited. 222 C. 361.

Sec. 52-517. Replevin for property attached. When any property is held by an officer by virtue of a writ of attachment, any person other than the defendant having a general or special property interest therein with a right to the immediate possession thereof, and, when the property so held is claimed by the defendant to be exempt from execution, the defendant may bring an action of replevin against the officer alone, or against the plaintiff in the writ of attachment, or against both, to recover the property.

(1949 Rev., S. 8253; P.A. 82-160, S. 204.)

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

Replevin lies by a trustee for trust property which was attached as his own individual property. 36 C. 13; Id., 105. Prior to 1878 the attaching plaintiff alone could be sued in replevin. 45 C. 157. This statutory remedy was unquestionably within the legislative power. 68 C. 9. Parties to action; judgment against officer as estoppel. 70 C. 340; 74 C. 397. Not maintainable by conditional vendor involved in conspiracy to defraud vendee’s creditors. 128 C. 199. Nor by husband to recover vehicles attached in suit against wife which he had registered in her name to prevent attachment by his creditors. Id., 506. Only statutory method for recovery of exempt property. 136 C. 641.

Sec. 52-518. Replevin writ; affidavit as to value of goods and recognizance required. 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.

This writ is demandable as a matter of right. 9 C. 145. Surplusage in description of goods to be replevied. Id. The 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 the bond for a failure to return, if his title was by a lien which has been dissolved. 14 C. 434. A 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, the 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. A return to officer from whom the property was taken, sufficient when. 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. See notes to sections 52-515, 52-516 and 52-519. Cited. 222 C. 361.

Cited. 4 CA 58.

Cited. 34 CS 22.

Sec. 52-519. Form of writ, affidavit and bond. The writ in an action of replevin, and the accompanying affidavit and recognizance, may be in the following form:

To any proper officer:

By authority of the state of Connecticut, you are hereby commanded, without delay, to cause to be replevied to A.B. of .... certain goods and chattels, to wit: .... of the value of (here insert the value as stated in the affidavit) dollars, now in the possession of C.D. of .... at .... and wrongfully detained by him, and (to attach the goods or estate of C.D., to the value of .... dollars and) him summon to appear before the superior court to be held at .... within and for the judicial district of .... on the .... Tuesday of ...., 20..; then and there to answer to A.B., in a civil action, in which the plaintiff complains and says:

(Here follows complaint.)

Hereof fail not, but make due service and return.

Dated at ...., this .... day of ...., 20..

E.F., Commissioner of the Superior Court.

Judicial district of .... ss. Town of ...., 20..

J.S., of ...., being duly sworn, deposes and says that he believes that A.B. of .... is entitled to the immediate possession of the following described goods and chattels, namely: ....; that the deponent knows the nature and value of said goods and chattels, and that their true and just value, as nearly as the deponent can estimate it, is .... dollars.

J.S.

Subscribed and sworn to before me,

E.F., Commissioner of the Superior Court.

Be it remembered that at the town of .... in .... judicial district, on the .... day of ...., 20.., there personally appear before me, A.B. of ...., as principal, and I.J. of ...., as surety, both of whom are known to be of sufficient responsibility, and acknowledged themselves jointly and severally bound to C.D. of ...., in a recognizance in the sum of .... dollars, that A.B. of ...., who brought the foregoing writ and complaint against C.D., shall prosecute his action to effect, and shall pay to C.D. any judgment that C.D. may recover in the action, and return to C.D. the goods and chattels that may be recovered under the writ, and pay to him all damages that he may sustain by the replevying thereof if A.B. shall fail to establish his right to the possession of the same in the action.

A.B.

I.J.

Signed by the obligors in the presence of

X.Y.

Subscribed and taken before me,

E.F., Commissioner of the Superior Court.

(1949 Rev., S. 8255; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 206.)

History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 rephrased section and deleted a provision stating “Similar forms may be used in writs returnable before other courts.”; (Revisor’s note: In 2001 the references in this section to the date “19..” were changed editorially by the Revisors to “20..” to reflect the new millennium).

See Sec. 51-15 re rules of procedure in certain civil actions.

Form need not be literally followed; substantial compliance is sufficient. 45 C. 158, 159; 54 C. 314; 57 C. 193. Immaterial variance in copy of affidavit is not a ground of abatement. 65 C. 542. Cited. 70 C. 340. Estoppel against obligors in recognizance. 77 C. 181. Nominal damages in action on bond where defendant prevails on replevin. 96 C. 683. Service of writ without complaint constitutes fatal defect, which may not be amended. 97 C. 399; 98 C. 229. Reformation of bond denied where surety mistakenly gave bond which did not contain condition covering failure to prosecute to effect. 125 C. 440.

Cited. 6 CS 156.

Sec. 52-520. Determination of jurisdiction of court. Section 52-520 is repealed.

(1949 Rev., S. 8256; P.A. 76-436, S. 670, 681.)

Sec. 52-521. Replevin; service; new bond; voiding of process. (a) The officer who replevies property shall leave a true and attested copy of the process with the defendant, or at his usual place of abode, within three days after the replevy, and shall retain the property replevied in his custody for twenty-four hours after leaving the copy, unless the defendant endorses on the writ that he is satisfied with the amount and sufficiency of the recognizance taken on issuing the writ.

(b) If the defendant is not satisfied with the recognizance, he may, at any time before the return day of the writ, cite the plaintiff or his attorney, or the officer serving the writ, if the property still remains in his custody, to appear at once before a judge of the superior court where the replevin was effected, to respond to a motion for a new bond. The judge may hear the motion and, at his discretion, order a new or further bond, conditioned like the recognizance taken on issuing the writ, signed by the obligors, and delivered to the defendant, by whom it shall be transmitted to the court to which the writ was made returnable. If the order is made while the property replevied remains in the custody of the officer, he shall not deliver the property to the plaintiff until the bond is given.

(c) If an order for a new bond is not complied with, or if the officer fails to leave with, or at the usual place of abode of, the defendant a true and attested copy of the writ, or to retain the property in his custody, as hereinbefore provided, the writ of replevin shall be null and void.

(d) If it appears to the court before which an action of replevin is pending that the replevin bond attached to the writ is insufficient, the court may, at its discretion, order a new or further replevin bond to be given by the plaintiff, conditioned like the recognizance taken on issuing the writ. If the plaintiff fails to comply with the order, he shall be nonsuited.

(1949 Rev., S. 8257; 1959, P.A. 28, S. 129; 152, S. 79; P.A. 74-183, S. 114, 291; P.A. 76-436, S. 101, 681; P.A. 82-160, S. 207.)

History: 1959 acts added circuit court judge and deleted county commissioner; P.A. 74-183 removed circuit court judges from purview of section, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 removed reference to appearance before justice of the peace or judge of common pleas court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section and inserted Subsec. indicators.

Cited. 63 C. 569. Immaterial variance in copy of affidavit is not a ground of abatement. 65 C. 542. Though writ is defectively served, if officer takes goods as agent of owners, they may retain them. 87 C. 369. Application by plaintiff for a new bond waives right to plea in abatement for irregularities in recognizance. 111 C. 112. See note to section 52-519 re 125 C. 440. Cited. 222 C. 361.

Sec. 52-522. Pleadings. In an action of replevin, no cause of action, except of replevin or for a conversion of the goods described in the writ of replevin, may be stated. The pleadings in such action shall conform to the requirements of pleadings in civil actions so far as such requirements may be consistent with the substantive rights secured by this chapter.

(1949 Rev., S. 8258; P.A. 82-160, S. 208.)

History: P.A. 82-160 made minor changes in wording.

See Sec. 51-15 re rules of procedure in certain civil actions.

Sec. 52-523. Complaint. If the complaint in an action of replevin contains a sufficient statement of the plaintiff’s title and right of possession, a general allegation that the defendant wrongfully took the goods shall be sufficient without setting forth the facts showing that the taking was wrongful. If the taking of the goods is not complained of, but the action is founded upon their wrongful detention, the complaint shall set forth the facts showing that the detention was wrongful.

(1949 Rev., S. 8259; P.A. 82-160, S. 209.)

History: P.A. 82-160 added “in an action of replevin” after the word “complaint”.

Sec. 52-524. Defenses. 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.

Sec. 52-525. Statement of title. (a) An allegation by either party that the party pleading or a third person was, at the time when the action of replevin was commenced, or at the time the goods were replevied, the owner of the goods, or that they were then his property, is a sufficient statement of title unless the right of action or defense rests upon a right of possession by virtue of a special property interest.

(b) If the right of action or defense rests upon a right of possession by virtue of a special property interest, the pleading shall set forth the facts upon which the special property interest depends so as to show that, at the time when the action was commenced or the goods were replevied, as the case may be, the party pleading or the third person was entitled to the possession of the goods.

(c) The defendant may, by answer, defend on the ground that a third person was entitled to the possession of the goods without connecting himself with the latter’s title.

(1949 Rev., S. 8261; P.A. 82-160, S. 211.)

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

Cited. 128 C. 198. Does not alter rule that plaintiff alleging general property and right to immediate possession must prove it to prevail. Id., 508. Where right of action rests upon a right of possession by virtue of a special property, the complaint must set forth the facts. 135 C. 517.

Sec. 52-526. Judgment. 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. 4 D. 144. Judgment on avowry for a taking damage feasant. Id. 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. A 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 this section. 101 C. 61. Limitation as to elements of damage. Id. 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.

Sec. 52-527. Transfer of cause to higher court. Section 52-527 is repealed.

(1949 Rev., S. 8263; P.A. 82-160, S. 259.)

Sec. 52-528. Procedure on withdrawal or nonsuit of plaintiff. If the plaintiff, in any action of replevin, fails to appear or withdraws or is nonsuited, before or after issue is joined, the defendant may file an answer in the nature of an avowry alleging his right to take and hold the goods and a counterclaim stating the injury he has sustained and his claim for damages. Thereafter, the court shall render judgment for the defendant to recover such damages as he has sustained, and his costs, and for a return of the property replevied; except that, in any action where the plaintiff withdrew by mistake, the court shall reinstate the case as though it had not been withdrawn.

(1949 Rev., S. 8264; 1967, P.A. 106; P.A. 82-160, S. 213.)

History: 1967 act added exception for withdrawal by mistake; P.A. 82-160 rephrased the section and, after “avowry”, added “alleging his right to take and hold the goods”.

Cited. 16 C. 578. Nature of judgment for return of goods rendered on withdrawal of action. 70 C. 605. Erasure or dismissal for want of jurisdiction not a “nonsuit”. 98 C. 230.

Sec. 52-529. Burden of proof. Evidence. Damages and costs. If the plaintiff’s right to the possession of the property described in the writ of replevin is put in issue, without any disclaimer of title by the defendant, the plaintiff shall be bound to prove his right to possession, and may show the damages sustained by him by reason of the detention of the property by the defendant. If the defendant in his answer by way of counterclaim claims damages for the replevin, he may give evidence of the damages. Judgment, if for the plaintiff, whether upon default or trial, shall be for his damages and costs, and, if for the defendant, shall be for a return of the property and for his damages and costs.

(1949 Rev., S. 8265; P.A. 82-160, S. 214.)

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

Judgment for return of the property a mere formality, when. 51 C. 176. Plaintiff entitled to full costs, although he fails to prove title to all the articles. 54 C. 83. Plaintiff cannot prove a “general or special property” in goods which are not distinguishable from others of like kind. Id., 317. Plaintiff not bound to prove that the property which was not replevied was in this state when wrongfully detained. 66 C. 546. Defendant not obliged to claim damages; may recover them subsequently in suit on replevin bond. 70 C. 340; 71 C. 86; 74 C. 392; Id., 553; 101 C. 417. Damages where lunch wagon is replevied and defendant prevails. 74 C. 552. Judgment of return and for costs proper where a plea to the jurisdiction is sustained. 64 C. 74. Nature of judgment for return of goods. 70 C. 605. Judgment as an estoppel in action on bond. 71 C. 698. Remittitur required as condition of not going to new trial. 81 C. 101. Effect of judgment for plaintiff on general issue. 69 C. 450. Costs recoverable. 40 C. 111; 48 C. 133; 54 C. 83. All the issues should ordinarily be tried together. 91 C. 319. Obligee entitled to nominal damages on bond where return of goods and payment of damages is refused, though subsequently made; 76 C. 683; so where third party, owner of goods, had taken them and suit was for expenses. 96 C. 683. Judgment for nominal damages on counterclaim deprives defendant of right to sue again on replevin bond; res judicata. 101 C. 416. No damages can be given in replevin action unless counterclaimed by defendant. Id., 61. Elements of damage. Id. Cited. 118 C. 476. Plaintiff must prevail by strength of his title and not by weakness of defendant’s. 128 C. 198; id., 508. Proof merely of actual possession by plaintiff of vehicles registered in another’s name not sufficient. Id., 508. Replevin is a purely statutory action. 152 C. 695.

Cited. 18 CA 1.

Sec. 52-530. Damages for property not replevied. No costs against common carrier. 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.

Sec. 52-531. Nonresident defendant; security for costs. In an action of replevin brought against any person not an inhabitant of this state, the court before which the action is pending may make such order as to security to be given by the defendant for costs that may be recovered by the plaintiff as it deems just.

(1949 Rev., S. 8267.)