§ 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 costs only.

Legislative History

(Code 1852, §§2538, 2590; Code 1867, §§2966, 3019; Code 1876, §§3291, 3344; Code 1886, §§3008, 3013, 3368; Code 1896, §4144; Code 1907, §6042; Code 1923, §10378; Code 1940, T. 7, §1171.)