§ 32-07-12 — Specific personal property - Jury to find value and damages

North Dakota § 32-07-12

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-07: Claim and Delivery

Text

In an action for the recovery of specific personal property, the jury shall find by its verdict the
facts, as the case may be, as follows:
1. In case it finds against the defendant and the property has not been delivered to the
plaintiff, it shall find the value of the property, or of the plaintiff's interest therein, if less
than its full value, at the time of the taking, and that the plaintiff is entitled to a delivery
of the property, and it also shall assess the damages, if any are claimed in the
complaint, which the plaintiff has sustained by reason of the taking and detention of
such property.
2. In case it finds against the defendant and the property has been delivered to the
plaintiff, it also shall assess the damages, if any are claimed in the complaint, which
the plaintiff has sustained by reason of the taking and detention of such property.
3. In case it finds against the plaintiff and the property has been delivered to the plaintiff,
and the defendant in the defendant's answer claims a return of the property, it shall
find the value thereof, or of the defendant's interest therein, if less than its full value, at
the time of the taking, and it also shall assess the damages, if any are claimed in the
answer, which the defendant has sustained by reason of the taking and detention of
such property.
4. In case it finds against the plaintiff and the property has been retained by the
defendant, it shall find that the defendant is entitled to such property.
5. In case the jury finds that each party is entitled to a specific portion of the property in
controversy and such portion has been delivered to the opposite party and a return is
claimed in the complaint or answer, it shall find the value of such portion, or of the
party's interest therein, if less than its full value, at the time of the taking, and also shall
assess the damages, if any are claimed in the complaint or answer, in favor of the
plaintiff or defendant as hereinbefore provided as to the portion to which it finds the
plaintiff or defendant entitled.
6. Whenever the jury is so instructed, it shall find the value of specific portions of the
property in controversy or of the interest of either party therein, if less than its full
value, at the time of the taking and also shall assess the damages, if any are claimed
by the party in whose favor it finds, sustained by reason of the taking and detention of
such property.