12-1301. Affidavit to obtain possession If a plaintiff claims in his complaint the possession of specific personal property, he may at any time after complying with the provisions of chapter 14 of this title and before rendition of judgment file an affidavit showing: 1. That he is the owner of the property claimed, sufficiently describing […]
12-1302. Order for taking property After the provisions of chapter 14 of this title are complied with and upon filing of the affidavit prescribed in section 12-1301, the superior court judge or justice of the peace shall make an order requiring the sheriff, or if in a justice court the constable, to take the property […]
12-1303. Bond; amount and conditions The officer shall not take the property until plaintiff executes and delivers to him a bond payable to the defendant, in an amount not less than double the value of the property as stated in the affidavit, conditioned that plaintiff will prosecute the action to effect and without delay, and […]
12-1304. Execution of order for delivery to claimant; redelivery bond The officer, after delivery to him of the bond provided in section 12-1303, shall take the property and deliver it to plaintiff unless the defendant, within two days after the taking, executes and delivers to the officer a bond payable to plaintiff in an amount […]
12-1305. Filing of bonds The bonds taken by the officer relating to the claim and delivery of personal property shall be filed with the clerk within five days next after they are taken, and with a justice of the peace in three days.
12-1306. Defect in bond; retaking of property If it appears to the court at any time before trial that either of the bonds is not good and sufficient, it shall order the party to give a new bond with good and sufficient sureties within such time as the court directs. Upon failure of the party […]
12-1307. Verdicts in actions to recover specific personal property In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or if the defendant by his answer claims a return thereof, the jury, if its verdict is in favor of the plaintiff, or if its verdict […]
12-1308. Finding for defendant; judgment; election to take value or property A. If the defendant alleges that he is the owner of the property, is entitled to its possession and demands its return, and if on the trial it is found that he is its owner and that he was at the time the action […]
12-1309. Finding for defendant; property not in possession of plaintiff; judgment If at the time of trial the plaintiff is not in possession of the property, or it is not under his control, and the finding is for the defendant, then the alternative judgment shall not be given but only judgment for the value of […]
12-1310. Finding for plaintiff; property in possession of defendant; election to take value or property If judgment is against the defendant and at the time thereof he is in possession of the property by reason of the redelivery bond, the judgment shall be against the defendant and the sureties on his bond for the value […]
12-1311. Failure to deliver property; election by prevailing party If the party adjudged to return the property fails so to do at the time and place adjudged, unless by the election he is allowed to retain it, then the party in default shall be adjudged in contempt of the court and shall continue in contempt […]
12-1312. Vesting of title to property When the party elects to take the money judgment, the title, by reason of the election, shall at once vest in the other party to the extent of the interest, claim and title of the party electing to take the money judgment.
12-1313. Exoneration and liability of officer on bonds A. After execution of any bond taken by virtue of this article, the parties to the action shall be barred from any right of action against the officer for seizure and delivery of the property. B. If the officer fails to take or return a bond as […]
12-1314. Execution issuable for delivery of property; procedure A. An execution may issue for the delivery of personal property to the sheriff or any constable of the county where the property is located and shall require him to deliver possession of the property, sufficiently describing it, to the party entitled thereto. B. The execution shall […]
