In all cases when the property has been delivered to the plaintiff, where the jury shall find for the plaintiff, on an issue joined, or on inquiry of damages upon a judgment by default, they shall assess adequate damages to the plaintiff for the illegal detention of the property; for which with costs of suit, the court shall render judgment for plaintiff.
§ 25-10,105.Judgment for plaintiff; damages; costs.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires a jury that rules for the plaintiff, either on issues tried or when assessing damages after a default judgment, to award adequate damages for the property’s illegal detention, with judgment for the plaintiff entered on that award plus costs.
Full Text of § 25-10,105
Source
R.S.1867, Code § 192, p. 423; R.S.1913, § 7834; C.S.1922, § 8778; C.S.1929, § 20-10,105; R.S.1943, § 25-10,105.
Plain-English Summary
This section is the mirror image of §§ 25-10,102 and 25-10,103: it addresses the outcome when the property has been delivered to the plaintiff and the jury rules the plaintiff’s way instead. That can happen two ways — the jury decides the actual issues in the plaintiff’s favor, or the defendant defaults and the jury only has to assess damages on that default.
Either way, the jury’s job is to assess adequate damages for the illegal detention of the property — compensation for the time the defendant wrongfully held it. The court then enters judgment for the plaintiff on that damages award, together with costs of suit.
Frequently Asked Questions
When does this section apply?
When the property has already been delivered to the plaintiff and the jury finds for the plaintiff, either on the merits or when assessing damages after a default judgment.
What is the jury assessing under this section?
Adequate damages for the defendant’s illegal detention of the property.
What does the plaintiff’s judgment consist of?
The damages awarded for illegal detention, plus costs of suit.
Does this section apply if the defendant never answers the lawsuit?
Yes. It applies to an inquiry of damages taken upon a default judgment, not just a jury verdict after a full trial.
How does this differ from §§ 25-10,102 and 25-10,103?
Those sections cover judgments for the defendant; this section covers the corresponding process for a judgment in the plaintiff’s favor.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: judgment for plaintiff replevin nebraskadamages for illegal detention of propertydefault judgment replevin damagesplaintiff wins replevin case damages