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-23 – Basis of determination–Additional evidence–Continuance.
21-17A-23. Basis of determination–Additional evidence–Continuance. The court’s determinations shall be made upon the basis of the pleadings and other papers in the record; but upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the […]
Section 21-17A-24 – Priority of hearing on motion to quash.
21-17A-24. Priority of hearing on motion to quash. The hearing provided for in §21-17A-22 shall take precedence over all other civil matters on the calendar except older matters of the same character. Source: SL 1983, ch 168, §24.
Section 21-17A-25 – Findings and order of court on hearing–Costs taxed–Damages assessed at trial.
21-17A-25. Findings and order of court on hearing–Costs taxed–Damages assessed at trial. If the court finds for the defendant on a motion pursuant to §21-17A-20, the judge presiding shall tax the defendant’s costs for the hearing, and an order shall be entered dismissing the writ or that the property attached be delivered to the defendant; […]
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 […]