25-10,106. Property not taken or returned to defendant; judgment for plaintiff; nature and amount.

When the property claimed has not been taken, or has been returned to the defendant by the sheriff for want of the undertaking required by section 25-1098, the action may proceed as one for damages only, and the plaintiff shall be entitled to such damages as are right and proper; but if the property be returned for want of the undertaking required by such section, the plaintiff shall pay all costs made by taking the same.

Source:R.S.1867, Code § 193, p. 423; R.S.1913, § 7835; C.S.1922, § 8779; C.S.1929, § 20-10,106; R.S.1943, § 25-10,106.