If the property has been delivered to the plaintiff, and judgment rendered against him, on demurrer, or if he otherwise fail to prosecute his action to final judgment, the court shall, on application of the defendant or his attorney, proceed to inquire into the right of property, and right of possession of the defendant to the property taken.
§ 1579.Proceedings On Failure to Prosecute Action
Chapter 31: Replevin · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceLets a defendant, when the plaintiff who took delivery of replevied property loses on demurrer or otherwise fails to carry the case to final judgment, ask the court to determine who owns and who's entitled to possess the property that was taken.
Full Text of § 1579
Amendment History
R.L. 1910, § 4806.
Plain-English Summary
Section 1579 covers what happens when a replevin plaintiff gets the property delivered but then drops the ball -- loses on demurrer, or otherwise fails to prosecute the action through to final judgment. On the defendant's application, the court steps in to inquire directly into the right of property and the right of possession, sorting out who's entitled to what the plaintiff took.
Frequently Asked Questions
What happens if a replevin plaintiff never gets a final judgment?
If the plaintiff has the property and loses on demurrer or otherwise fails to prosecute the action to final judgment, the defendant can ask the court to inquire into the right of property and right of possession.
Who has to request this inquiry?
The defendant or the defendant's attorney applies to the court.
Does this only apply if the plaintiff loses on demurrer?
No, it also applies whenever the plaintiff otherwise fails to prosecute the action to final judgment.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: plaintiff abandons replevin case oklahoma12 O.S. § 1579failure to prosecute replevin actiondetermining ownership after replevin case dismissed