§ 18-60-811 — Order for delivery of property

(a) The order for the delivery of the property to the plaintiff shall be addressed and delivered, with a copy thereof, to the sheriff. It shall state the names of the parties to the action and the court in which the action is brought and direct the sheriff to take the property, describing it and stating its value as in the affidavit of the plaintiff, and deliver it to him or her, to make return of the order on a day to be named therein and to summon the defendant to appear on this day in the court and answer the plaintiff in the premises. (b) (1) If the plaintiff shall file an additional affidavit that he or she believes the property has been concealed, removed, or disposed of in any way with intent to defeat the plaintiff's action, the clerk or magistrate shall insert a clause commanding the sheriff, or other officer, that if the property mentioned in the order cannot be had, to take the body of the defendant, so that he or she appear at the return day of the order to answer the premises. (2) The order shall be made returnable as an order of arrest is directed to be returned.

Legislative History

Civil Code § 205; Acts 1875 (Adj. Sess.), No. 86, § 1, p. 165; C. & M. Dig., § 8642; Pope's Dig., § 11375; A.S.A. 1947, § 34-2104.