25-10,100. Failure to furnish bond; duty and liability of officer; return of property to defendant. If the undertaking required by section 25-1098 is not given within twenty-four hours from the taking of the property under said order, the sheriff or other officer shall return the property to the defendant. If the sheriff or other officer […]
25-10,101. Bond; objections to sureties; waiver; liability of officer. The defendant may, within twenty-four hours from the time the undertaking referred to in section 25-10,100 is given by the plaintiff, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he must be deemed to […]
25-10,102. Judgment against plaintiff upon dismissal; failure of plaintiff to prosecute; procedure. If the property has been delivered to the plaintiff, and he suffers a voluntary or involuntary dismissal, or if he otherwise fails to prosecute his action to final judgment, the court shall, on application of the defendant or his attorney, impanel a jury […]
25-10,103. Verdict for defendant; further findings required; damages. In all cases, when the property has been delivered to the plaintiff, where the jury shall find upon issue joined for the defendant, they shall also find whether the defendant had the right of property or the right of possession only, at the commencement of the suit; […]
25-10,104. Judgment for defendant; irregularity in process or jurisdictional defect; restoration of status quo. (1) The judgment in the cases mentioned in sections 25-10,102 and 25-10,103 shall be for a return of the property or the value thereof in case a return cannot be had, or the value of the possession of the same, and […]
25-10,105. Judgment for plaintiff; damages; costs. In all cases when the property has been delivered to the plaintiff, where the jury shall find for the plaintiff, on an issue joined, or on inquiry of damages upon a judgment by default, they shall assess adequate damages to the plaintiff for the illegal detention of the property; […]
25-10,106. Property not taken or returned to defendant; judgment for plaintiff; nature and amount. When the property claimed has not been taken, or has been returned to the defendant by the sheriff for want of the undertaking required by section 25-1098, the action may proceed as one for damages only, and the plaintiff shall be […]
25-10,107. Order for delivery of property; directed to other counties; successive orders; taxation of costs. An order may be directed to any other county than the one in which the action is brought, for the delivery of the property claimed. Several orders may issue at the same time, or successively, at the option of the […]
25-10,108. Order of delivery; execution; powers of officer. The sheriff or other officer, in the execution of the order of delivery, may break open any building or enclosure in which the property claimed, or any part thereof, is concealed; but not until he has been refused an entrance into said building or enclosure and the […]
25-10,109. Suits on undertakings; when brought. No suit shall be instituted on the undertaking given under section 25-1098 before an execution issued on a judgment in favor of the plaintiff or defendant in the action shall have been returned, that sufficient property whereon to levy and make the amount of such judgment cannot be found […]
25-10,110. Order for delivery of property; issuance without court order; effect; taxation of costs. Any order for the delivery of property issued under section 25-1094 without the order of the court required thereby shall be set aside at the cost of the clerk issuing the same, and such clerk, as well as the plaintiff, shall […]
25-1001. Attachment; grounds. The plaintiff, in a civil action for the recovery of money, may, at or after the commencement thereof, have an attachment against the property of the defendant when the defendant or one of several defendants (1) has absconded with the intent to defraud his or her creditors; (2) has left the county […]
25-1002. Attachment; affidavit of plaintiff; contents. An order of attachment shall be approved by a judge of any district court or county court only after there has been presented to him or her an affidavit or affidavits based upon personal knowledge (1) that the facts set forth in plaintiff’s complaint which state a valid cause […]
25-1003. Attachment; plaintiff’s undertaking; bond; amount. (1) The judge to whom the affidavit described in section 25-1002 is presented shall determine the amount of an undertaking the plaintiff shall be required to file. The judge shall also approve the sufficiency of one or more sureties of the plaintiff, unless the plaintiff presents, by affidavit or […]
25-1004. Attachment; order; contents; service; manner. The order of attachment shall (1) require the sheriff to attach the lands, tenements, goods, chattels, stocks, or interest in stocks, rights, credits, money, and effects of the defendant in his or her county not exempt by law from being applied to the payment of the plaintiff’s claim, or […]
25-1005. Attachment; several and successive orders; issuance to several counties; costs; taxation. Orders of attachment may be issued to the sheriffs of different counties; and several of them may, at the option of the plaintiff, be issued at the same time or in succession; but such only as have been executed shall be taxed in […]
25-1006. Attachment; order; return day. The return day of the order of attachment, when issued at the commencement of the action, shall be the same as that of the summons; when issued afterwards, it shall be twenty days after it issued. Source R.S.1867, Code § 203, p. 426; R.S.1913, § 7737; C.S.1922, § 8681; C.S.1929, […]
25-1007. Attachment; several orders against same defendant; time of service. When there are several orders of attachment against the same defendant, they shall be executed in the order in which they are received by the sheriff. Source R.S.1867, Code § 204, p. 426; R.S.1913, § 7738; C.S.1922, § 8682; C.S.1929, § 20-1007; R.S.1943, § 25-1007. […]
25-1008. Attachment; order; execution; inventory; appraisement. The order of attachment shall be executed by the sheriff without delay. He shall go to the place where defendant’s property may be found, and there, in the presence of two residents of the county, declare that by virtue of said order he attaches said property at the suit […]
25-1009. Attachment or garnishment; delivery of property to defendant or garnishee; conditions. (1) The sheriff shall deliver the property attached to the person in whose possession it was found, and property or money seized in garnishment, to the defendant in the attachment proceedings, if the defendant be the true owner thereof, upon the delivery by […]
