§ 18-60-311 — Judgment for defendant

(a) In all cases of forcible entry and detainer and unlawful detainer, when the defendant disputes the plaintiff's right of possession, it shall be lawful for the defendant to introduce before the court or the jury trying the main issue in the action evidence showing the damage he or she may have sustained in being dispossessed of the lands and premises mentioned in the complaint. (b) The jury, if they find for the defendant, shall at the same time find what damage the defendant has sustained by being dispossessed, if he or she has been so dispossessed, under the provisions of this subchapter, for all of which the court shall render judgment restoring the property to the defendant, as provided for in this subchapter, and shall render judgment against the plaintiff and any surety on any bond posted by the plaintiff for damages as found by the jury, as well as the costs of the suit.

Legislative History

Acts 1981, No. 615, § 10; A.S.A. 1947, § 34-1510.