Arizona Revised Statutes

Ariz. Rev. Stat. § 12-1308 (2026)

Finding for defendant; judgment; election to take value or property

✓ current as of May 2026

Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. If the defendant alleges that he is the owner of the property, is entitled to its possession and demands its return, and if on the trial it is found that he is its owner and that he was at the time the action was brought entitled to its possession, then on the trial the value of the property replevied shall be found, together with any damage the defendant has suffered for the wrongful seizure of the property, and judgment shall be against the plaintiff claimant and the sureties on the replevin bond for the value of the property, the damages and costs of the action and reasonable attorney's fees. The judgment shall also be for the return of the property to the adverse party at a time and place specified.

B. The defendant shall elect whether he will take the property itself or the amount found as the value of the property. The election shall be made in order to permit the plaintiff a reasonable time before the time specified in the judgment for delivery of the property. The election may be made in open court, or by an instrument in writing filed in the action.

Notes of Decisions

Cited in 4 cases, 1964–1985 · leading case: Gen. Ins. Co. of Am. v. Deen, 412 P.2d 869 (Ariz. Ct. App. 1966).

Sort: Relevance Newest Treatment

Gen. Ins. Co. of Am. v. Deen, 412 P.2d 869 (Ariz. Ct. App. 1966). · cites it 16× “A.R.S. § 12-1308 provides: “A. If the defendant alleges that he is the owner of the property, is entitled to its possession and demands its return, and if on the trial it is found that he is its owner and that he was at the time the action was brought entitled to its possession,…”

Gen. Motors Acceptance Corp. v. Hill, 390 P.2d 843 (Ariz. 1964). · cites it 4× “-00 together with 6% interest per annum from June 1, 1958, until paid.”

Schoolhouse Educ. Aids, Inc. v. Haag, 699 P.2d 1318 (Ariz. Ct. App. 1985). “§ 12-1307 and/or § 12-1308. The bond was given on the condition that SEAI would prosecute its claim.”

Bayham v. Maryland Nat'l Ins. Co., 415 P.2d 120 (Ariz. Ct. App. 1966). · cites it 6× “2d 869 (1966), held constitutional as not violative of due process the procedure in the replevin statute A.R.S. § 12-1308. This statute is the counterpart of A.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.