§ 16-110-137 — Judgment on bond

(a) If the plaintiff shall recover against the defendant, and the attachment shall have been discharged upon the execution of a bond, as provided by § 16-110-122(a) , then the court shall render judgment against the defendant and his or her sureties in the bond for the amount recovered and the costs of the suit. (b) If the defendant shall have given bond for the retention of the property attached, as provided by § 16-110-117(a) , and the attachment shall be sustained, the court or jury, in addition to finding the amount of debt or damages due to the plaintiff, shall, upon demand of the plaintiff, also assess the value of the property attached. The court shall, in addition to judgment against the defendant for the amount found due to the plaintiff, and costs, render further judgment, that in case the property shall not be delivered up to the proper officer to be sold, and the officer shall not be able to make the judgment out of the property of the defendant, execution shall then issue against the property of the sureties for so much of the judgment as shall not exceed the value of the property, which execution shall be enforced as in other cases.

Legislative History

Acts 1875 (Adj. Sess.), No. 6, § 1, p. 7; C. & M. Dig., §§ 542, 543; Pope's Dig., §§ 579, 580; A.S.A. 1947, §§ 31-162, 31-163.