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in any action where the plaintiff withdrew by mistake, the court shall reinstate the case as though it had not been withdrawn.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.
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