Section 21-17A-29 – Plaintiff prosecuting actions officer authorized to bring–Indemnification of officer.
21-17A-29. Plaintiff prosecuting actions officer authorized to bring–Indemnification of officer. The actions authorized by this chapter to be brought by a sheriff or constable may be prosecuted by the plaintiff or under his direction, upon the delivery by him to the sheriff or constable of an undertaking, with two sufficient sureties, to the effect that […]
Section 21-17A-30 – Death of defendant–Satisfaction of judgment for plaintiff.
21-17A-30. Death of defendant–Satisfaction of judgment for plaintiff. If a defendant whose property is attached dies and the judgment is in favor of the plaintiff, the property attached shall be applied to the payment of the judgment and execution may be issued on the judgment and satisfied out of the attached property in the same […]
Section 21-17A-31 – Third party’s property–Application for release.
21-17A-31. Third party’s property–Application for release. Any person not a party to the action, whose property is attached, may, at any time, either before or after judgment, be made a party on his application for the purpose of removing or discharging the attachment. The court may grant such summary relief as shall be just, and […]
Section 21-17A-32 – Injunction not precluded.
21-17A-32. Injunction not precluded. Nothing in this chapter precludes the granting of relief pursuant to chapter 21-8. Source: SL 1983, ch 168, §32.
Section 21-17A-26 – Judgment for damages to defendant.
21-17A-26. Judgment for damages to defendant. If the defendant prevails in the action or if the action is discontinued, he shall have judgment for the damages sustained by him for any damages to his property by reason of the taking and detention or sale. Source: SL 1983, ch 168, §26.
Section 21-17A-27 – Delivery of property on judgment for defendant–Action on plaintiff’s bond.
21-17A-27. Delivery of property on judgment for defendant–Action on plaintiff’s bond. If the defendant recovers judgment, all the money or property held by any writ of attachment shall be delivered to him, subject to the plaintiff’s rights on appeal, and he may maintain an action on the plaintiff’s bond for the assessed damages sustained by […]
Section 21-17A-28 – Satisfaction of judgment for plaintiff–Delivery of remaining property.
21-17A-28. Satisfaction of judgment for plaintiff–Delivery of remaining property. If a plaintiff recovers judgment in the action, the sheriff or constable shall satisfy the same out of the property attached, if sufficient therefor: (1)By paying all money attached or received on sales of property, or on any debts or credits, or so much thereof as […]
Section 21-17A-19 – Modification of writ–Notice of motion–Combining motions.
21-17A-19. Modification of writ–Notice of motion–Combining motions. The court may, at any time before the trial of the action or a release of the property under §21-17A-18, modify the writ of attachment for irregularity or other sufficient cause, on three days’ notice of motion. The motion therefor may be combined with a motion to increase […]
Section 21-17A-20 – Motion to quash writ and release property–Service of notice of motion.
21-17A-20. Motion to quash writ and release property–Service of notice of motion. A defendant whose property has been attached pursuant to a writ issued under this chapter may, on three days’ notice of motion, apply for an order that the writ of attachment be quashed, and any property levied on pursuant to the writ be […]
Section 21-17A-21 – Contents of notice of motion–Affidavit–Grounds.
21-17A-21. Contents of notice of motion–Affidavit–Grounds. The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. It is not grounds to set aside an order that the plaintiff would not […]