US Lawyer Database

§ 18-60-813. Execution of order

(a) The sheriff shall execute the order by taking the property therein mentioned, if it is found in the possession of the defendant, or his or her agent, or of any other person who obtained possession thereof from the defendant, directly or indirectly, after the order was placed in the sheriff’s hands. (b) The sheriff […]

§ 18-60-814. Orders directed to other counties

(a) At any time before judgment an order may be directed to any other county for the delivery of the property claimed. (b) Several orders may issue at the same time, or successively, at the option of the plaintiff, but only one (1) of the orders shall be taxed in the costs, unless otherwise ordered […]

§ 18-60-707. Effect of decree

The decree in any such cause shall be an absolute bar as against the title of any railroad, its successors and assigns, and the person deeding or claimed to have deeded, granted, donated, or subscribed the lands to the railroads, his or her heirs and assigns, and all others claiming the lands by, through, or […]

§ 18-60-815. Disposition of property replevied

If the affidavit of the plaintiff states that the property was taken under an execution, the sheriff shall deliver it to the plaintiff. In every other case the sheriff shall retain the property in his or her possession for two (2) days, unless the bond mentioned in § 18-60-816 shall be sooner executed.

§ 18-60-708. Costs

The petitioner shall pay the costs when there is no contest, and in case of contest, the cost shall be adjudged by the court.

§ 18-60-801. Definitions

As used in this section and §§ 18-60-802 — 18-60-808: (1) “Order of delivery” means a “writ of replevin”; and (2) “Party” or “person” means individuals, corporations, partnerships, associations, or any entity having the legal capacity to sue or be sued.

§ 18-60-802. Existing laws not affected

This section and §§ 18-60-801 and 18-60-803 — 18-60-808 shall not repeal any existing law pertaining to the recovery of personal property by parties claiming an interest therein.

§ 18-60-803. Penalties — Damages and fee

(a) Any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which an order has been sought under the provisions of this section and §§ 18-60-801 — 18-60-802 and 18-60-804 — 18-60-808, or who conceals it, with the intent to interfere […]

§ 18-60-804. Petition for recovery of personal property

(a) In all cases in this state wherein a party claims a right of possession of property in the possession of another, the party may apply to the circuit court or the district court for issuance of an order of delivery of the property. The application shall be by petition, signed by the party or […]