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38-6-16 |
Ch. 38 — LIENS |
Indemnifying, Suspending and Forthcoming Bonds; Trial of Conflicting Claims |
Costs |
In any case mentioned in this article, the court may make all such rules and orders and enter such judgment as to costs and all other matters, as may be just an… |
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38-7-1 |
Ch. 38 — LIENS |
Attachment |
Filing of Affidavit |
In any action or proceeding at law or suit in equity for the recovery of any claim or debt arising out of contract, or to recover damages for any wrong, the pla… |
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38-7-2 |
Ch. 38 — LIENS |
Attachment |
Grounds of Attachment |
The grounds upon which an order of attachment may issue, under the preceding section, are the following: (a) That the defendant, or one of the defendants, is a … |
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38-7-3 |
Ch. 38 — LIENS |
Attachment |
Further Contents of Affidavit |
Unless the attachment is sued out upon the first of the grounds mentioned in the preceding section, the affiant shall also state in his affidavit the material f… |
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38-7-4 |
Ch. 38 — LIENS |
Attachment |
Form of Order of Attachment |
The order of attachment shall be issued by the clerk, and may be in form or effect as follows:
{{FIGURE type=form page=1010 id=38-7-4~fig1 note="Order of attac… |
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38-7-5 |
Ch. 38 — LIENS |
Attachment |
Attachment for Claim Not Due |
An attachment may be sued out in a court of equity for a debt or claim, legal or equitable, whether the same be due or not, upon any of the grounds mentioned in… |
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38-7-6 |
Ch. 38 — LIENS |
Attachment |
Amendment of Affidavit |
The affidavit required by the first section of this article may be amended at any time before trial by the substitution of a new affidavit, complying with the r… |
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38-7-7 |
Ch. 38 — LIENS |
Attachment |
What Property May be Attached |
Every attachment issued under the provisions of this article may be levied upon any estate, real or personal, of the defendant named therein, or so much thereof… |
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38-7-8 |
Ch. 38 — LIENS |
Attachment |
Taking Possession of Personal Property; Plaintiff’s Bond |
If the plaintiff shall, at the time of suing out an attachment, or afterwards, give bond with good security, approved by the clerk issuing the attachment, in a … |
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38-7-9 |
Ch. 38 — LIENS |
Attachment |
Liability of Officer Where Bond Given |
If the bond mentioned in the preceding section of this article be given, no action shall be maintained against the officer levying an attachment upon property o… |
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38-7-10 |
Ch. 38 — LIENS |
Attachment |
Execution of Bond After Suit Commenced |
If the plaintiff has sued out an order of attachment without giving the bond mentioned in section eight of this article, and afterwards gives the same as afores… |
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38-7-11 |
Ch. 38 — LIENS |
Attachment |
Exceptions to Bond |
The defendant may except to the bond, or to the sufficiency of the security therein, and, if the exceptions be sustained by the court, the attached property sha… |
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38-7-12 |
Ch. 38 — LIENS |
Attachment |
Form of Order to Take Property Into Possession |
If the plaintiff at the time of suing out his attachment, or afterwards before judgment, give the bond and security required by section eight of this article, s… |
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38-7-13 |
Ch. 38 — LIENS |
Attachment |
To What Officer Order May be Directed |
An order of attachment under sections four and twelve of this article may be issued and directed to the sheriff or a constable in any county of this State; and … |
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38-7-14 |
Ch. 38 — LIENS |
Attachment |
Execution and Return of Attachment; Penalty for Failure |
The officer to whom any attachment issued under this article shall be delivered for execution shall execute and return the same as therein required, and, if he … |
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38-7-15 |
Ch. 38 — LIENS |
Attachment |
Garnishment |
The plaintiff in an attachment may, by an endorsement on the order of attachment, designate any person as being indebted or liable to, or having in his possessi… |
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38-7-16 |
Ch. 38 — LIENS |
Attachment |
Levy of Attachment Upon Real Estate |
An attachment may be sufficiently levied upon real estate by an indorsement on the order of attachment, or upon a paper annexed thereto, stating the quantity, o… |
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38-7-17 |
Ch. 38 — LIENS |
Attachment |
Officer’s Return |
The officer serving the attachment shall make a return of the time and manner of service on each person designated as being indebted to, or having in his posses… |
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38-7-18 |
Ch. 38 — LIENS |
Attachment |
Attachment on Sunday |
An attachment may be issued or executed on Sunday or on any holiday, if oath be made that the defendant is actually removing his effects on that day. |
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38-7-19 |
Ch. 38 — LIENS |
Attachment |
Lien of Attachment |
The plaintiff shall have a lien upon any personal property, choses in action and other securities of the defendant, from the time of the levy of such attachment… |
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38-7-20 |
Ch. 38 — LIENS |
Attachment |
Retention of Property or Release of Attachment on Bond Taken by Officer |
Any property seized under any attachment, where the plaintiff has given bond, may be retained by, or returned to, the person in whose possession it was, on his … |
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38-7-21 |
Ch. 38 — LIENS |
Attachment |
Sufficiency of Bond for Retention of Property; Exceptions |
Every bond given under the provisions of the preceding section of this article shall be returned by the officer to, and filed by, the clerk of the court in whic… |
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38-7-22 |
Ch. 38 — LIENS |
Attachment |
Interest and Profits Pending Suit; Discharge of Attachment on Bond |
When any at in attachment is sued out, either at law or in equity, except against a nonresident, on such an affidavit as is mentioned in the first section of th… |
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38-7-23 |
Ch. 38 — LIENS |
Attachment |
Custody of Attached Property; Sale of Perishable Property; Terms |
Property seized under an attachment, and retained by the officer, shall be kept in the same manner as similar property taken under execution. But perishable pro… |
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38-7-24 |
Ch. 38 — LIENS |
Attachment |
Answer of Garnishee |
Any person served with the writ and indorsement thereon, provided for in section fifteen of this article, in any action or proceeding at law, or suit in equity,… |
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38-7-25 |
Ch. 38 — LIENS |
Attachment |
Discharge of Garnishee by Payment of Money or Delivery of Property |
A garnishee may at any time before the return day of the order mentioned in section fifteen of this article, deliver the property or pay the money for which he … |
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38-7-26 |
Ch. 38 — LIENS |
Attachment |
Order for Payment or Delivery; Forthcoming Bond |
If it appear from the answer of the garnishee that at or after the service of the attachment the garnishee was indebted or liable to the defendant against whom … |
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38-7-27 |
Ch. 38 — LIENS |
Attachment |
Failure of Garnishee to Answer |
If any garnishee, summoned as provided in this article, fail to answer, the court may either compel him to answer, or hear proof of the matters required by sect… |
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38-7-28 |
Ch. 38 — LIENS |
Attachment |
Jury Trial in Garnishment Case |
When it is suggested by the plaintiff in any attachment at law or in equity that the garnishee has not fully disclosed the debts or liabilities due by him to, o… |
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38-7-29 |
Ch. 38 — LIENS |
Attachment |
Effect of Order as Judgment |
An order made against a garnishee shall have the effect of a judgment, and may be enforced in the same manner as any other judgment. |
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38-7-30 |
Ch. 38 — LIENS |
Attachment |
Service of Process |
In any proceeding under this article process commencing the action shall be served upon the attachment debtor, and may be served in any manner provided in artic… |
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38-7-31 |
Ch. 38 — LIENS |
Attachment |
Who May Defend Against Attachment |
A defendant, any person entitled to file a petition under the provisions of section forty-one of this article, any party to any bond given under section twenty … |
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38-7-32 |
Ch. 38 — LIENS |
Attachment |
Quashing of Attachment for Insufficiency of Affidavit |
The right to sue out an attachment may be contested, and when the court is of opinion that the facts stated in the affidavit or amended affidavit were not suffi… |
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38-7-33 |
Ch. 38 — LIENS |
Attachment |
Denial of Grounds of Attachment; Trial |
Any person entitled to defend in any attachment proceeding may controvert the existence of the grounds of the attachment and of the facts relied upon to show th… |
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38-7-34 |
Ch. 38 — LIENS |
Attachment |
Trial on Merits |
When the attachment is properly sued out, and the case heard upon its merits, if it be determined that the claim of the plaintiff is not established, final judg… |
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38-7-35 |
Ch. 38 — LIENS |
Attachment |
Damages for Unlawful Attachment |
If, upon any trial had under the provisions of sections thirty-three or thirty-four of this article, it be found either by the court, or by the jury, if one be … |
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38-7-36 |
Ch. 38 — LIENS |
Attachment |
Order of Sale |
If the claim of the plaintiff in any suit or proceeding under this article be established, judgment or decree shall be rendered for him, and the court shall ord… |
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38-7-37 |
Ch. 38 — LIENS |
Attachment |
Sale of Attached Land; Conveyance |
When a sale of real estate is ordered under the provisions of the preceding section, the court shall prescribe in the order the terms of such sale and the offic… |
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38-7-38 |
Ch. 38 — LIENS |
Attachment |
Conveyance by Former Officer or by Special Commissioner |
An officer directed by the court to make a conveyance, under the preceding section, may make the same in his official character, notwithstanding his term of off… |
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38-7-39 |
Ch. 38 — LIENS |
Attachment |
Bond for Sale of Attached Land When Defendant Has Not Appeared |
If the defendant whose real estate is attached has not appeared in the action, proceeding or suit, or been served with a copy of the attachment sixty days befor… |
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38-7-40 |
Ch. 38 — LIENS |
Attachment |
Bond for Sale of Attached Personal Property When Defendant Has Not Appeared |
If personal property be levied upon, and ordered to be sold, where there has been no such appearance or service of the attachment as is mentioned in the precedi… |
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38-7-41 |
Ch. 38 — LIENS |
Attachment |
Intervention of Third Persons; Trial |
Any person interested may file his petition at any time before the property attached as the estate of a defendant is sold under the decree or judgment, or if th… |
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38-7-42 |
Ch. 38 — LIENS |
Attachment |
Priority of Attachments |
The attachment first served on the same personal property, or on the person having such property in his possession, or on the person indebted to the defendant i… |
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38-7-43 |
Ch. 38 — LIENS |
Attachment |
Rehearing After Judgment or Decree on Service by Publication |
If a defendant against whom, on publication, a judgment or decree has been or shall hereafter be rendered, in an action, suit, or proceeding in which an attachm… |
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38-7-44 |
Ch. 38 — LIENS |
Attachment |
Judgment on Rehearing; Costs |
On any rehearing or new trial had under the preceding section of this article, if the judgment or decree be for the defendant, the court may order the plaintiff… |
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38-7-45 |
Ch. 38 — LIENS |
Attachment |
Appeal Bond; Return of Property to Owner |
Where a judgment or decree in favor of the plaintiff is rendered in any case in which an attachment is sued out, and, on appeal therefrom, an appeal bond is giv… |
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38-7-46 |
Ch. 38 — LIENS |
Attachment |
Who May Give Bond |
Any bond, authorized or required by any section of this article, may be given either by the party himself or by any other person. |
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38-8-1 |
Ch. 38 — LIENS |
Exemptions From Levy |
Exemptions of Personal Property |
Any husband or parent residing in this State, or the widow, or the infant children of deceased parents, may set apart and hold personal property not exceeding t… |
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38-8-2 |
Ch. 38 — LIENS |
Exemptions From Levy |
Conveyance of Exempt Property |
Any deed of trust, mortgage or other writing made by a husband or parent to give a lien on property which has been set apart as exempt from levy, under the prov… |
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38-8-3 |
Ch. 38 — LIENS |
Exemptions From Levy |
Method of Claiming Exemption |
When a debtor claims personal property as exempt under the provisions of this article, he shall deliver to the officer holding the execution or other process, a… |
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