Section 42-9-33 – [Appeal from order discharging attachment; supersedeas.]
When an order or judgment discharging an attachment is rendered in the district court, and the party who obtained such attachment shall seek to have the proceedings, on the trial of the issue on the affidavit for the attachment or the action of the court in cases where such trial was not had, reviewed in […]
Section 42-9-34 – [Appeal before final judgment.]
It shall not be necessary that a final judgment as to the indebtedness claimed by the plaintiff in attachment shall be rendered, before the questions arising on the attachment proceedings may be reviewed on appeal or writ of error, but such appeal or writ of error may be sued out either before or after rendition […]
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 42-9-21 – [Officer’s return.]
The officer executing the writ of attachment shall return, with the writ, all bonds taken by him in virtue thereof, a schedule of all property and effects attached, and the names of all the garnishees, the times and places when and where respectively summoned. History: C.L. 1897, § 2685 (199), added by Laws 1907, ch. […]
Section 42-9-22 – [Officer’s liability on failure to return bond.]
If the officer wilfully [willfully] fail to return a good and sufficient bond in any case where bond is required by law, he shall be held and considered as security for the performance of all acts and the payment of all money to secure the performance of which such bond ought to have been taken. […]
Section 42-9-23 – [When court acquires jurisdiction; survival of action.]
From the time of the issuing of the order of attachment, the court shall be deemed to have acquired jurisdiction, and to have control of all subsequent proceedings in relation thereto; and if after the issuing of the order, the defendant being a person, should die, or a corporation, and its charter should expire by […]
Section 42-9-24 – [Perishable property; petition for sale; hearing; order.]
In all suits in the district courts by attachments, when the property attached shall be of a perishable nature and liable to be lost or diminished in value before the final adjudication of the case, and the defendant shall not give bond to retain the possession of the same, the plaintiff or defendant may make […]
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); […]