Section 42-9-10 – [Approval of bond; papers filed before issuance of writ.]
The clerk shall judge of the sufficiency of the penalty and the security in the bond; if they be approved, he shall endorse his approval thereon, and the same, together with the affidavits and complaint or other lawful statement of the cause of action, shall be filed before an attachment shall be issued. History: C.L. […]
Section 42-9-11 – [Suit on bond.]
The bond given by the plaintiff or other person in a suit by attachment may be sued on by any party injured in the name of the state, and [he] shall proceed as in ordinary suits, and shall recover such damages as he may sustain. History: C.L. 1897, § 2685 (189), added by Laws 1907, […]
Section 42-9-12 – [Requiring additional security.]
Any person, plaintiff or defendant, in any attachment suits pending in any court in this state, may, at any time before judgment, after reasonable notice to the person by whom any bond has been given in any such suit, move the court for additional security on the part of any such principal in such bond, […]
Section 42-9-13 – [Contents of writ.]
Original writs of attachment shall be directed to the sheriff of the proper county, commanding him to attach the defendant, by all and singular, his lands and tenements, goods, moneys, effects, credits and all other property and interests in property of whatsoever nature and kind, in whosesoever hands the same may be found, with a […]
Section 42-9-14 – [Amending attachment and replevin writs; alias and pluries writs; proceeding in conversion when replevin writ not executed.]
That where an original writ of attachment or replevin has been quashed for defect in the affidavit, bond or writ, the court shall allow an amendment thereof to cure the defect, under such circumstances as amendments of ordinary pleadings are allowed by law and with like effect; and alias and pluries writs of attachment or […]
Section 42-9-4 – [Filing complaint or statement, affidavit and bond; issuance of writ; property subject to attachment.]
A creditor wishing to sue his debtor by attachment, may place in the clerk’s office of the district court of any county in this state, having jurisdiction, a complaint, or other lawful statement of his cause of action, and shall also file an affidavit and bond; and thereupon such creditor may sue out an original […]
Section 42-9-1 – [Grounds for attachment; unmatured debts.]
Creditors may sue their debtors before justices of the peace [magistrates] or in the district courts, by attachment, in the following cases, to wit: A. when the debtor is not a resident of, nor resides in this state; B. when the debtor has concealed himself, or absconded or absented himself from his usual place of […]
Section 42-9-2 – [Attachment authorized in actions ex delicto.]
Wherever an attachment may issue against the property of any person upon any debt or other action founded upon contract, attachment may also issue upon any action founded upon a tort or other action ex delictu [ex delicto]; this law shall apply to actions which have heretofore or may hereafter accrue. History: C.L. 1897, § […]
Section 42-9-3 – [Situs of debts and intangible interest in property.]
The situs of debts and obligations for the purpose of attachment shall be the domicile of the debtor or obliger [obligor] and the situs of intangible interests in property, real or personal, legal or equitable, shall be the place where such property is located. History: Laws 1939, ch. 159, § 5; 1941 Comp., § 22-103; […]