§ 16-110-205 — Security and bond

(a) In every case the plaintiff shall be required to give security for the damage to the defendant in an adequate sum to be specified in the order granting the attachment. (b) When it may be proper, the court, or judge or clerk thereof, may direct that the defendant or person in possession of the attached property be permitted to retain it upon giving bond, with security, for such sum as the court, or judge or clerk thereof, may prescribe. (c) No order of attachment shall be issued by the clerk until the bond on the part of the plaintiff required by the order of the court, or judge or clerk thereof, is executed and filed in his or her office by one (1) or more sufficient securities of the plaintiff.

Legislative History

Civil Code, §§ 267, 268; Acts 1877, No. 49, §§ 2, 3, p. 48; C. & M. Dig., §§ 557, 558; Pope's Dig., §§ 594, 595; A.S.A. 1947, §§ 31-304, 31-305.