sub-sec. 239. m North Dakota, Rev. Codes 1905, § 7075. Oklahoma, Rev. and (Snyder), § 5696. Ann. Stats. 1903 (Wilson), § 4360; Comp. Laws 1909 г a Alaska, C. C. P. § 253, same as first two paragraphs of Cal. C. C. P. § 667. b1 Arizona, ¶ 3821. If the defendant in his answer alleges that he is the owner of the property, is entitled to its possession and demands its return, and if on the trial of the case it shall be found that he is its owner, that he was at the time the suit was brought entitled to its possession, then in such trial the value of the property replevied shall be found by the jury, if tried by a jury, and by the court, if tried by the court, together with any damage the defendant may have suffered for the wrongful replevying of the property, then the judgment shall be against the plaintiff and the sureties on the replevin bond for the assessed value of the property, the assessed damages, and for the costs of the suit; and if it shall appear in the trial of the case that plaintiff is in the possession of the property, or that it is under his control, then the judgment shall also be for its return to the defendant at a time and place to be specified in the judgment. b2 Arizona, ¶ 3823. If, at the time of the trial of the case, the plaintiff shall not be in the possession of the property, or the same shall not be under his control, then the above alternative judgment shall not be given, but only the judgment for the value of the property, the damages suffered by its replevin and the costs of the suit. In every such case the judgment shall be against the plaintiff and the sureties on his replevin bond. b3 Arizona, 3824. If the judgment shall be against the defendant, and at the time thereof he be in the possession of the property by reason of a forthcoming bond given by him whereby he retained the possession of the property, the judgment shall be against the defendant and the sureties on his bond for the assessed value of the property, the assessed damages for its detention and the costs of suit; and also for the return of the property to the plaintiff, at a time and place to be therein named, and upon the same terms and conditions the plaint t iff shall be given the same election as is provided above shall be given to the defendant. © Arkansas, § 6868, same as Alaska C. C. P. 253. d Colorado, C. C. P. § 246, same as Alaska C. C. P. § 253. ⚫ lowa, § 4176. The judgment shall determine which party is entitled to the possession of the property, and shall designate his rights therein, and if such party have not the possession thereof, shall also determine the value of the right of such party, which right shall be absolute as to an adverse party, and shall also award such damages to either party as he may be entitled to for the illegal detention thereof. If the judgment be against the plaintiff for the money value of the property, it shall also be against the sureties on his bond. f Kansas, § 5067, substantially same as first two paragraphs of Cal. C. C. P. § 667, except in line 3, after "possession" insert "or for the recovery of the possession," before "or the value thereof." (Amended Mch. 12, 1909, Laws 1909, p. 329, C. C. P. § 185.) g Minnesota, § 4267. In an action to recover the possession of personal property, judgment may be rendered for the plaintiff and for the defendant, or for either. Judgment for either, if the property has not been delivered to him, and a return is claimed in the complaint or answer, may be for the possession, or for the value thereof in case possession can not be obtained, and damages for the detention, or the taking and withholding thereof. When the prevailing party is in possession of the property, the value thereof shall not be included in the judgment. If the property has been delivered to the plaintiff, and the action be dismissed before answer, or if the answer so claim, the defendant shall have judgment for a return, and damages, if any. for the detention, or the taking and withholding, of such property; but such judgment shall not be a bar to another action for the same property or any part thereof. h1 Missouri, § 4473. If the plaintiff fail to prosecute his action with effect and without delay, and shall have the property in his possession, and the defendant in his answer claims the same and demands a return thereof, the court or a jury may assess the value of the property taken, and the damages for taking and detaining the same, for the time such property was taken or detained from defendant until the day of the trial of the cause. h2 Missouri, § 4474. In such case, the judgment shall be against the plaintiff and his sureties, that he return the property taken, or pay the value so assessed, at the election of the defendant, and also, pay the damages assessed for the taking and detention of the property and costs of suit. h3 Missouri, § 4475. If the plaintiff have not the property in possession, damages shall be assessed as directed in section 4473 of this chapter, for the taking or detention, or both, as the case may be, of the property; and judgment shall be rendered against the plaintiff and his sureties for the damages, if any, and for costs of suit. h4 Missouri, § 4476. If the defendant fail in his defense, and have the property in possession, the court or jury shall assess the value of the property, and the damages for all injuries to the property, and for the taking and detention, or detention, of the same; and the judgment shall be against the defendant and his sureties, that he return the property or pay the value so assessed, at the election of the plaintiff, and, also, pay the damages so assessed and costs of suit. If the defendant have not the property in possession, the court or jury shall assess the damages, and the judgment shall be against the defendant and his sureties for the damages so assessed and costs of suit; and, in all cases, the property shall be presumed to be with the party who should have it, until the contrary be shown. 1 Montana, § 6803, same as Alaska C. C. P. § 253. j1 Nebraska, § 6734. The judgment in the cases mentioned in sections one hundred and ninety, and one hundred and ninety-one, and in section one thousand and forty-one of said code, shall be for a return of the property or the value thereof in case a return cannot be had, or the value of the possession of the same, and for damages for withholding said property, and costs of suit. j2 Nebraska, § 6735. In all cases, when the property has been delivered to the plaintiff, where the jury shall find for the plaintiff, on an issue joined, or on inquiry of damages upon a judgment by default, they shall assess adequate damages to the plaintiff for the illegal detention of the property; for which, with costs of suit, the court shall render judgment for defendant [plaintiff]. ja Nebraska, § 6736. When the property claimed has not been taken, or has been returned to the defendant by the sheriff for want of undertaking required by section one hundred and eighty-six, the action may proceed as one for damages only, and the plaintiff shall be entitled to such damages as are right and proper; but if the property be returned for want of the undertaking required by section one hundred and eighty-six, the plaintiff shall pay all costs made by taking the same. k Nevada, § 3297, substantially same as Cal. C. C. P. § 667, except in third paragraph, omit entirely the second clause or sentence commencing "and in all actions for the recovery of money," down to and including the words "so alleged in the complaint"; also add at the end of the section the words "and in all cases of damage the judgment shall be for gold coin." 1 New Mexico, § 2685, sub-sec. 239. In case the plaintiff fails to prosecute his suit with effect and without delay judgment shall be given for the defendant and shall be entered against the plaintiff and his securities for the value of the property taken, and double damages for the use of the same from the time of delivery, and it shall be in the option of the defendant to take back such property or the assessed value thereof. 1907, p. 282.) (Laws m North Dakota, & 7075, substantially same as first two paragraphs of Cal. C. C. P. § 667, except after the word "possession" in the second line insert, "or for the recovery of possession." n Oklahoma, § 4360, substantially same as North Dakota $ 7075. o Oregon, § 198, substantially same as Alaska C. C. P. § 23, p South Dakota, C. C. P. $313, substantially same as North Dakota § 7075. q Texas, Art. 1335. The judgment of the court shall conform to the pleadings, the nature of the case proved and the verdict, if any, and shall be so framed as to give the party all relief to which he may be entitled either in law or equity. r Washington, § 434, substantially same as Alaska C. C. P. § 253. s Wisconsin, § 2888. In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property, or the value thereof in case a delivery cannot be had, and of damages for the detention; and when the property shall have been delivered to the defendant, under section 2722, judgment may be as aforesaid or absolutely for the value thereof, and damages for the detention at the plaintiff's option. If the property have been delivered to the plaintiff and a defendant claim a return thereof judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same. t1 Wyoming, § 4155. When judgment is rendered against the plaintiff on demurrer, or he fails to prosecute his action to final judgment, the court shall, on application of the defendant, assess to defendant proper damages, including damages for the right of property or possession, or both, if he prove himself entitled thereto, or cause the same to be done by a jury, for which, with costs of suit, the court shall render judgment for the defendant. t2 Wyoming, § 4156. When the prop erty is delivered to the plaintiff, or remains in the hands of the sheriff, as provided in section four thousand one hundred and fifty-one, if the jury, upon issue joined, find for the plaintiff, and upon inquiry of damages upon a default, they shall assess adequate damages to the plaintiff for the illegal detention of the property, for which, with costs of suit, the court shall render judgment for the plaintiff. t3 Wyoming, § 4157. When the property is delivered to the plaintiff, or remains in the hands of the sheriff, as provided in section four thousand one. hundred and fifty-one, if the jury upon issue joined, find for the defendant, they shall also find whether the defendant had the right of property or the right of possession only, at the commencement of the suit; and if they find either in his favor, they shall assess to him such damages as they think right and proper, for which, with costs of suit, the court shall render judgment for the defendant against the plaintiff and his sureties. Compelling delivery of specific personal property. California, § 3380. Any person having the possession or control of a particular article of personal property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 6095. North Dakota, Rev. Codes 1905, § 6608. South Dakota, Rev. Codes 1903, C. C. § 2338. § 419. AFFIDAVITS, UNDERTAKINGS, ETC. FORM No. 985-Affidavit for claim and delivery. [Title of court and cause.] [Venue.] , being duly sworn, deposes and says: That he is the plaintiff in this action; that he is the owner of and entitled to the possession of the following-described goods and chattels, namely: [Here describe the same], and which goods and chattels are of the actual value of $ ; that said goods and chattels are wrongfully detained by the defendant from the plaintiff; that the alleged cause of said detention thereof, according to affiant's best knowledge, information, and belief, is [here state the alleged cause of detention]; that said property has not been taken for any tax, assessment, or fine, pursuant to any statute, or seized under an execution or an attachment against the property of the plaintiff. [Or, if seized, and said property is exempt by statute, so state.] [Signature.] [Jurat.] FORM No. 986-Demand directed to the sheriff to take property. I hereby demand that you take from the defendant herein the personal property mentioned and described in the foregoing affidavit. A. B., Attorney for plaintiff. [Date.] FORM No. 987-Undertaking for the return to the defendant of property taken in claim and delivery. [Title of court and cause.] The property which is described in the affidavit of the plaintiff in this action as [describe the property as in such affidavit], having been taken from said defendant by the sheriff of the county of in this state, and said defendant having demanded and required the return of said property to him: Now, therefore, in consideration of the premises, and to procure the return of said property to said defendant, we, the undersigned, and undertake to the effect that we are bound to being , the plaintiff in the action, in the sum, of $ double the actual value of the property as stated in the affidavit of plaintiff, and we promise plaintiff that if delivery thereof be adjudged, the defendant will deliver said property to said plaintiff, and will pay to plaintiff such sum, damages or charges, as may for any cause be recovered against the defendant in said action. [Date.] FORM No. 988-Approval of undertaking by sheriff. [Signatures.] I hereby approve the within undertaking, both as to the sufficiency of the amount and as to the sureties who executed the same. [Date.] [Sheriff's signature.] FORM No. 989-Claim of property by third person, and demand for return thereof. [Title of court and cause.] [Venue.] being duly sworn, says: That he is the owner [or he has the right to the possession] of the following-described property. to wit: [Here describe]; that said property has been taken possession of by you as sheriff, under a writ of attachment as such in the above-entitled action; that said ownership [or right of possession] is founded on the grounds, to wit, that [here state the grounds of said ownership, or right of possession]; that affiant claims said. property on said grounds, and demands the immediate return of the same and all thereof. [Jurat.] [Signature.] FORM No. 990—Undertaking on behalf of plaintiff, given on claim made by third person to property attached. [Title of court and cause.] The plaintiff in this action having claimed possession of the following property: [Here describe the same]; and the plaintiff, by proceedings in this action, having caused the sheriff of the county of in this state, to take the said property from the possession of the defendant; and one having presented and served his verified claim, wherein said claimant sets forth his alleged title to said property and the grounds thereof, and claims the right of possession of such property thereunder, and said claimant having demanded that he be indemnified against said claim of said |