Sec. 52-529. Burden of proof. Evidence. Damages and costs.
116 words·~1 min read·
/ct/title-52/chapter-921-replevin/52-529·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.