Section 21-15-2 – Contents of plaintiff’s affidavit.
21-15-2. Contents of plaintiff’s affidavit. When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone on his behalf, stating: (1)That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof, by virtue of a special property therein, the […]
Section 21-15-3 – Order to defendant to show cause against delivery of property to plaintiff–Procedure in hearing.
21-15-3. Order to defendant to show cause against delivery of property to plaintiff–Procedure in hearing. Upon filing the summons and complaint, and the affidavit pursuant to §21-15-2, the judge of the court having jurisdiction shall by order, require cause to be shown at a specified time and place, after reasonable notice to the defendant, why […]
Section 21-15-4 – Undertaking required of plaintiff–Contents–Waiver.
21-15-4. Undertaking required of plaintiff–Contents–Waiver. Before possession of any property may be taken, there must be furnished a written undertaking with one or more sufficient sureties approved by the sheriff, or a cash deposit, in double the value as stated in the affidavit, securing return of the property to the defendant if return thereof be […]
Section 21-15-5 – Cash in lieu of undertaking deposited with clerk or judge–Terms of deposit.
21-15-5. Cash in lieu of undertaking deposited with clerk or judge–Terms of deposit. If cash is deposited it shall be with the clerk or a judge of the court having jurisdiction, and his receipt taken therefor and such deposit shall thereupon remain in the custody of the court until legal order of the court disposing […]
Section 21-15-6 – Seizure of property by sheriff–Safekeeping and delivery.
21-15-6. Seizure of property by sheriff–Safekeeping and delivery. Upon receipt of the affidavit, endorsement, undertaking, and order authorizing delivery specified in §§21-15-2 to 21-15-4, inclusive, the sheriff shall forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody. He […]
Section 21-15-7 – Seizure of property kept in building.
21-15-7. Seizure of property kept in building. If the property, or any part thereof, be concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If it be not forthwith delivered, he shall cause the building or enclosure to be broken open, and take the property into his possession and if necessary […]
Section 21-15-8 – Papers served on defendant when property seized.
21-15-8. Papers served on defendant when property seized. The sheriff shall at the time of taking any property serve on the defendant a copy of the affidavit, endorsement, and undertaking or receipt for cash bond, and notice of levy showing the property taken by delivering the same to the defendant personally, if he can be […]
Section 21-15-9 – Defendant’s exception to sufficiency of plaintiff’s sureties–Failure to except as waiver.
21-15-9. Defendant’s exception to sufficiency of plaintiff’s sureties–Failure to except as waiver. The defendant may, within three days after the service of a copy of the affidavit and undertaking, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fail to do so, he shall be deemed to have […]
Section 21-15-10 – Justification by plaintiff’s sureties–Responsibility of sheriff–Exceptions waive right to retain property.
21-15-10. Justification by plaintiff’s sureties–Responsibility of sheriff–Exceptions waive right to retain property. When the defendant excepts, the sureties shall justify on notice as set out in §§21-15-10.1 to 21-15-10.4, inclusive. The sheriff shall be responsible for the sufficiency of the sureties, until the objection to them is either waived as above provided, or until they […]
Section 21-15-10.1 – Notice of justification–Additional surety–Time and place of hearing.
21-15-10.1. Notice of justification–Additional surety–Time and place of hearing. On receipt of notice the sheriff or defendant shall, within ten days thereafter, give to the plaintiff by whom the surety is subscribed, or to plaintiff’s attorney, notice of the justification of surety. In case additional surety is given there shall be a new undertaking in […]