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 42-9-15 – [Issuance and return of writ; proceedings; judgment.]
Original writs of attachment shall be issued and returned in like manner as ordinary writs of summons; and when the defendant is cited to answer the action, like proceedings shall be had between him and the plaintiff as in ordinary actions on contracts, and a general judgment may be rendered for or against the defendant. […]
Section 42-9-16 – [Time for return of writs of execution, attachment and replevin.]
All executions, writs of attachment and writs of replevin shall be returned within sixty days from the date of the delivery thereof to the sheriff or other officer or person whose duty it is, or who may be designated to serve the same. History: Laws 1897, ch. 73, § 176; C.L. 1897, § 2685 (176); […]
Section 42-9-17 – [Service of writ; seizure or levy; return; endorsements; garnishment of inaccessible property.]
The manner of serving writs of attachement [attachment] shall be as follows: A. the writ or other lawful statement of the cause of action, shall be served on the defendant as an ordinary summons; B. when lands or tenements or interests or estates in real estate whether legal or equitable are to be attached, the […]
Section 42-9-18 – [Service by publication; personal service outside state.]
Whenever property of a defendant has been attached and it shall appear from the affidavit for attachment and the return of the sheriff, that such defendant cannot be personally served with process, the court shall order a publication to be made stating the nature and amount of the plaintiff’s demand, and notifying the defendant that […]
Section 42-9-19 – [Default after service by publication; judgment; effect.]
When the defendant shall be notified, by publication as aforesaid, and shall not appear and answer the action, judgment by default may be entered, which may be proceeded on to final judgment as in ordinary actions, but such judgment shall only bind the property attached, and shall be no evidence of indebtedness against the defendant […]