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

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

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.