Section 42-9-35 – [Judgment against sureties on bond given to discharge attachment.]
If upon the trial of said cause judgment shall be rendered against the defendant on the demand sued for, such judgment shall also be rendered against the sureties on said bond given for the discharge of said attachment; and the giving of said bond shall have the effect of conferring jurisdiction upon the court to […]
Section 42-9-36 – [Sale of attached realty after judgment for plaintiff.]
If plaintiff receives judgment, any real estate belonging to defendant or right, title, estate or interest therein whether legal or equitable which has been attached may be sold to satisfy said judgment and the district court of the county in which said property is located shall upon application appoint a special master to sell the […]
Section 42-9-37 – [Sale of attached personalty after judgment for plaintiff.]
Any personal property belonging to the defendant or right, title or interest therein legal or equitable which has been attached may be sold under an execution issued on such attachment as in other cases of ordinary execution to satisfy plaintiff’s judgment. History: Laws 1939, ch. 159, § 7; 1941 Comp., § 22-137, 1953 Comp., § […]
Section 42-9-38 – [Ancillary attachments; affidavit; bond; writ.]
In any civil suit, when the summons against the defendant has been returned, executed, the plaintiff, his agent or attorney, may, at any time, before judgment, file an affidavit with the clerk of the court in which the suit is pending, and give bond with security as in cases of original attachments; and thereupon the […]
Section 42-9-39 – [Procedure in suit containing ancillary attachment.]
In all cases when attachments are sued out ancillary to the original suit, the suit must thereafter proceed in all respects as if it had been commenced originally by attachment. History: C.L. 1897, § 2685 (215), added by Laws 1907, ch. 107, § 1 (215); Code 1915, § 4325; C.S. 1929, § 105-1628; 1941 Comp., […]
Section 42-9-25 – [Designating person to make sale; requiring bond.]
In such case the judge may appoint someone to make such sale, and require such bond and security to be given for the faithful performance of the same and the accounting for the proceeds and paying the same over, as the nature of the case may demand. History: C.L. 1897, § 2685 (210), added by […]
Section 42-9-26 – [Receiver; appointment; bond.]
The judge may, if he shall find the safety of the property or the security of the proceeds shall require it, appoint a special receiver to take possession of the same, after giving such bond and security as the judge shall approve. History: C.L. 1897, § 2685 (211), added by Laws 1907, ch. 107, § […]
Section 42-9-27 – [Disposition of proceeds of sale.]
All such proceeds of sale of property shall be delivered to such person as the judge or court shall determine entitled to the same upon the final disposition of the suit. History: C.L. 1897, § 2685 (212), added by Laws 1907, ch. 107, § 1 (212); Code 1915, § 4322; C.S. 1929, § 105-1625; 1941 […]
Section 42-9-28 – [Expenses in connection with receivership and sale.]
The judge or court may allow to the receiver or person making said sale a reasonable compensation for his services, and the necessary costs for keeping and preserving the property. History: C.L. 1897, § 2685 (213), added by Laws 1907, ch. 107, § 1 (213); Code 1915, § 4323; C.S. 1929, § 105-1626; 1941 Comp., […]
Section 42-9-29 – [Intervention in attachment proceedings.]
Any person owning or claiming any property, or a lien thereon, which has been attached in any proceeding to which he is not a party may intervene therein at any time before the trial thereof begins, by filing a petition, under oath, setting up his right, and thereafter said cause shall proceed as in other […]