Section 8-539 – LIEN ON REAL ESTATE — TIME EFFECTIVE — DURATION — TERMINATION — EXTENSION.
8-539. LIEN ON REAL ESTATE — TIME EFFECTIVE — DURATION — TERMINATION — EXTENSION. Whenever in any action, real estate has been levied upon under writs, either of attachment or execution, such levy shall be a lien upon all real property for a period of two (2) years after the date of levy unless sooner […]
Section 8-540 – EARLY SETTING.
8-540. EARLY SETTING. In all proceedings brought under this chapter, all courts in which such actions are pending, shall, upon request of any party thereto, give such actions precedence over all other civil actions, except action to which special precedence is otherwise given by law, in the matter of setting the same for hearing or […]
Section 8-530 – ACTION ON ATTACHMENT BOND.
8-530. ACTION ON ATTACHMENT BOND. If the execution be returned unsatisfied in whole or in part, the plaintiff may prosecute any undertaking given pursuant to section 8-506C, Idaho Code, or he may proceed as in other cases upon the return of an execution. History: [(8-530) C.C.P. 1881, sec. 333; R.S., R.C., & C.L., sec. 4317; […]
Section 8-531 – DISCHARGE ON JUDGMENT FOR DEFENDANT.
8-531. DISCHARGE ON JUDGMENT FOR DEFENDANT. If the defendant recover judgment against the plaintiff, any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff’s hands, must be delivered to the defendant or his agent. The order of attachment shall […]
Section 8-534 – VACATION OF IRREGULAR ATTACHMENT.
8-534. VACATION OF IRREGULAR ATTACHMENT. The defendant may also at any time, either before or after the release of the attached property, or before any attachment shall have been actually levied, apply on motion upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof, that […]
Section 8-535 – MOTION UPON AFFIDAVIT — HOW OPPOSED.
8-535. MOTION UPON AFFIDAVIT — HOW OPPOSED. If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to those on which the attachment was made. History: [(8-535) C.C.P. 1881, sec. 338; R.S., R.C., & C.L., sec. […]
Section 8-536 – DISCHARGE — AMENDMENTS AUTHORIZED.
8-536. DISCHARGE — AMENDMENTS AUTHORIZED. If upon such application it satisfactorily appears that the writ of attachment was improperly or irregularly issued it must be discharged; provided that such attachment shall not be discharged if at or before the hearing of such application, the writ of attachment, or the affidavit, or undertaking upon which such […]
Section 8-537 – RETURN OF WRIT.
8-537. RETURN OF WRIT. The sheriff must return the writ of attachment with the summons, if issued at the same time; otherwise within twenty (20) days after its receipt, with a certificate of his proceedings indorsed thereon or attached thereto; and whenever an order has been made discharging or releasing an attachment upon real property, […]
Section 8-538 – DISCHARGE OF LIEN ON REAL ESTATE.
8-538. DISCHARGE OF LIEN ON REAL ESTATE. Whenever in any action, real estate has been levied upon under writs, either of attachment or execution, and the lien of the writ has in any manner been lost or destroyed, the court out of which the writ issued or the judge thereof, may, on application by any […]
Section 8-506C – DEFENDANT’S UNDERTAKING — RETURN OF PROPERTY.
8-506C. DEFENDANT’S UNDERTAKING — RETURN OF PROPERTY. At any time the defendant may retain or require the return of all or any portion of the property upon filing with the court a written undertaking executed by two (2) or more sufficient sureties, to the effect that they are bound in an amount sufficient to satisfy […]