Guam § 21601 - In Replevin, Judgment to be in the Alternative and With

§ 21601. In Replevin, Judgment to be in the Alternative and With

Damages.

In an action to recover the possession of personal property, judgment

for the plaintiff may be for the possession or the value thereof, in case a

delivery cannot be had, and damages for the detention. If the property has

been delivered to the plaintiff, and the defendant claims a return thereof,

judgment for the defendant may be for a return of the property or the value

thereof, in case a return cannot be had, and damages for taking and

withholding the same. In an action on a contract or obligation in writing, for

the direct payment of money, made payable in a specified kind of money or

currency, judgment for the plaintiff, whether it be by default or after verdict,

may follow the contract or obligation, and be made payable in the kind of

money or currency specified therein; and in all actions for the recovery of

money, if the plaintiff alleges in his complaint that the same was understood

and agreed by the respective parties to be payable in a specified kind or

money or currency, and this fact is admitted by the default of the defendant

or established by evidence, the judgment for the plaintiff must be made

payable in the kind of money or currency so alleged in the complaint; and in

an action against any person for the recovery of money received by such

person in a fiduciary capacity, or to the use of another, judgment for the

plaintiff must be made payable in the kind of money or currency so received

by such person.