In an action to recover possession of personal property the plaintiff, at any time after the action is commenced, and before judgment, may claim the immediate delivery of such property, as provided in this chapter.
When a delivery is claimed an affidavit shall be made by the plaintiff, or by some one in his behalf, showing: (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 facts in respect to […]
The plaintiff may thereupon by an indorsement upon the affidavit, require the marshal to take the property from the defendant and deliver it to the plaintiff.
Upon the receipt of the affidavit and endorsement thereon, with a written undertaking executed by two or more sufficient sureties approved by the marshal, to the effect that they are bound in double the value of the property as stated in the affidavit for the prosecution of the action for the return of the property […]
The defendant may, within three days after the service of a copy of the affidavit and undertaking give notice to the marshal that he excepts to the sufficiency of the sureties. If he fails to do so, he shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall […]
At any time before the delivery of the property to the plaintiff the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof upon giving to the marshal a written undertaking, executed by two or more sufficient sureties, to be approved by the marshal, to the effect that […]
The defendant’s sureties, upon a notice to the plaintiff or his attorney of not less than two nor more than six days, shall justify before the judge or the clerk of the court in which the action is pending, in the same manner as upon bail on arrest. Upon such justification the marshal shall deliver […]
Qualifications of sureties and their justification shall be the same as prescribed in respect to bail upon an order of arrest.
If the property or any part thereof is concealed in a building or inclosure the marshal shall publicly demand its delivery. If it is not delivered he shall cause the building or inclosure to be broken open and take the property into his possession, and if necessary he may call to his aid the government […]
When the marshal has taken the property as in this chapter provided, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his lawful fees for taking and his necessary expenses for keeping the same. The marshal shall insure the property upon the request of, and payment […]
If the property taken is claimed by any other person than the defendant or his agent, and such person makes affidavit of his title thereto or his right to the possession thereof, stating the grounds of such title or right, and serves the same upon the marshal before the delivery of the property to the […]
The marshal shall file the affidavit, with his proceedings thereon including an inventory of the property taken, with the clerk of the court in which the action is pending within twenty days after taking the property mentioned therein.
