35-11-5
Section 35-11-5 Affidavit and bond required before issue of attachment. In all cases in this
chapter where the process of attachment is authorized, and unless otherwise particularly provided
for in the article declaring the lien, before such attachment shall issue, the plaintiff,
his agent or attorney must make affidavit setting forth the amount of such claim, or if a
toll is claimed, the reasonable value thereof, that one of the enumerated causes for attachment
prescribed in the applicable article exists, that the attachment is not sued out for the purpose
of vexing or harassing the defendant, whether or not the debt or toll is due, and if not,
when the same will be due, that said debt or toll remains unpaid, and must describe therein,
as near as practicable, the property on which the lien is claimed. He must also execute a
bond in double the amount claimed, with sufficient sureties to be approved by the officer
issuing the attachment, payable to the defendant and with the condition...
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6-6-121
Section 6-6-121 When defendants evade service of process; dismissal of attachment. (a) When
a summons has been returned "not found" as to all or any of the defendants, residents
of the county, if the plaintiff, his agent or attorney makes an affidavit that the defendant
has evaded the service of the process, the court must direct an attachment to issue, returnable
within 30 days after the levy thereof, and the case must in all respects proceed as against
such defendant as if originally commenced by attachment. (b) The plaintiff may, notwithstanding
such attachment, proceed to judgment against any of the defendants on whom process was served,
but upon a judgment and satisfaction of the debt or claim, the attachment shall be dismissed
at the costs of the plaintiff. (Code 1852, §§2568, 2569; Code 1867, §§2996, 2997; Code
1876, §§3321, 3322; Code 1886, §§2969, 2970; Code 1896, §§559, 560; Code 1907, §§2959,
2960; Code 1923, §§6207, 6208; Code 1940, T. 7, §§880, 881.)...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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6-6-160
Section 6-6-160 Claim of persons not party to writ of execution or attachment, etc., to personal
property levied on; affidavit and bond; delivery of property to claimant. When an execution,
attachment or other like writ, issued from any court or by any officer, is levied on personal
property as to which any person not a party to the writ claims to own the title, legal, or
equitable, or a lien paramount to the right, title, or interest in the property of the defendant
in the writ, such person may try the right to such property before a sale thereof upon making
affidavit by himself, his agent, or attorney, which may be taken by the officer levying the
writ or any officer authorized to administer oaths that he holds such title to, or such lien
upon, the property claimed and executing bond with two good and sufficient sureties, to be
approved by the officer making the levy and payable to the plaintiff in double the value of
the property levied on and claimed, the value thereof to be...
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35-9-62
Section 35-9-62 Affidavit and bond. Before such attachment is issued, the plaintiff, or his
agent or attorney, must make affidavit, setting forth the amount that is, or will be, due
for the rent, that one of the causes for issuing an attachment prescribed in Section 35-9-61
exists, and that the attachment is not sued out for the purpose of vexing or harassing the
defendant; and must also execute a bond in double the amount claimed, payable to the defendant,
with sufficient surety, and with condition that the plaintiff will prosecute the attachment
to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious
suing out of such attachment. (Code 1886, §3071; Code 1896, §2718; Code 1907, §4749; Code
1923, §8816; Code 1940, T. 31, §31.)...
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35-9-35
Section 35-9-35 Affidavit and bond. Before such attachment is issued, the plaintiff, or his
agent or attorney must make affidavit, setting forth the amount that is or will be due for
rent and advances, or either, as the case may be, or, if the rent is not payable in money,
the value of the part of the crop or other things agreed to be paid as rent, that one of the
causes for issuing an attachment prescribed in section 35-9-34 exists, and that the attachment
is not sued out for the purpose of vexing or harassing the defendant; and must also execute
a bond in double the amount claimed, with sufficient surety, payable to the defendant, and
with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant
all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.
(Code 1876, §3473; Code 1886, §3062; Code 1896, §2709; Code 1907, §4740; Code 1923, §8805;
Code 1940, T. 31, §21.)...
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6-6-163
Section 6-6-163 Forfeiture of claimant's bond; execution for amount of judgment, damages, and
costs. If judgment is entered against the claimant and he fails to deliver the property to
the officer making the levy and pay the costs of the trial of the right of property within
30 days, such officer must endorse the bond forfeited; and thereupon, if the property was
levied on under execution or, if levied on under attachment, after judgment in favor of the
plaintiff against the defendant in attachment, the clerk must issue execution against the
obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were
assessed, and the costs of the amount of such assessed value, if that is not greater than
the amount of the judgment and for the damages, if any were assessed, and the costs of the
trial of the right of property. And in the event the claimant delivers the property, but fails
to pay damages and costs within 30 days, execution must issue for such damages and...
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6-6-45
Section 6-6-45 Execution of bond by plaintiff; discharge of levy. Such officer must, when the
attachment is sued out otherwise than upon the ground that the defendant is a nonresident,
further require the plaintiff, his agent, or attorney to execute a bond in double the amount
claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff
will prosecute the attachment to effect and pay the defendant all such damages as he may sustain
by the wrongful or vexatious suing out of such attachment. When the attachment is sued out
upon the ground that the defendant is a nonresident, such officer shall issue the writ with
or without a bond being given, as the plaintiff may elect. If such attachment is issued without
bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof,
in person or through his agent or attorney, make an unqualified appearance in the case, it
is the duty of the clerk to issue notice to the plaintiff or...
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6-6-46
Section 6-6-46 When additional affidavit of special facts and circumstances to determine amount
of levy required; reduction of sum. When an attachment is applied for in the cases provided
for in the third and fourth subdivisions of Section 6-6-41, the judge, before issuing it,
must require the plaintiff, his agent or attorney, in addition to the affidavit and bond required
in other cases, to make affidavit in writing of the special facts and circumstances so as
to enable him to determine the amount for which a levy must be made, which sum may, at the
discretion of the court, be reduced at the return of the attachment, on affidavit of the defendant,
and the levy released to the amount of such reduction. (Code 1852, §2508; Code 1867, §2932;
Code 1876, §3257; Code 1886, §2934; Code 1896, §529; Code 1907, §2929; Code 1923, §6177;
Code 1940, T. 7, §850.)...
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6-10-33
Section 6-10-33 Contest of exemption claim - Proceedings when claim of personalty found excessive.
When, on a contest of a claim of exemption to personal property, the issue is whether or not
the claim is excessive and such issue is found in favor of the plaintiff, it must also be
ascertained by the finding of the court or the verdict of the jury, as the case may be, how
much and what portion of the property is exempt, describing the same with its value, approximating
in value as nearly as practicable $3,000, and the residue of the property shall be sold, and
out of the proceeds of sale there shall be paid to the defendant an amount which, when added
to the value of the property found to be exempt, will make the exemption equal to $3,000,
and the balance shall be applied to the payment of the costs and satisfaction of the process.
(Code 1876, §2839; Code 1886, §2529; Code 1896, §2055; Code 1907, §4182; Code 1923, §7904;
Code 1940, T. 7, §647; Acts 1980, No. 80-569, p. 879, §4.)...
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