Montana § 27-17-304 When Defendant May Require Return Of Property -- Undertaking

Montana Statutes

§ 27-17-304 — When Defendant May Require Return Of Property -- Undertaking

Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 17 CLAIM AND DELIVERY OF PERSONAL PROPERTY·Part 3 Procedure Following Seizure by Sheriff

27-17-304 . When defendant may require return of property -- undertaking. At any time before the delivery of the property to the plaintiff, the defendant may, if the defendant does not take exception to the sureties of the plaintiff, require the return of the property upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties or a letter of credit issued by a regulated lender as defined in 31-1-111 , in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery of the property to the plaintiff, if the delivery is adjudged, and for the payment to the plaintiff of the sum that may, for any cause, be recovered against the defendant.

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27-17-304 . When defendant may require return of property -- undertaking. At any time before the delivery of the property to the plaintiff, the defendant may, if the defendant does not take exception to the sureties of the plaintiff, require the return of the property upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties or a letter of credit issued by a regulated lender as defined in 31-1-111 , in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery of the property to the plaintiff, if the delivery is adjudged, and for the payment to the plaintiff of the sum that may, for any cause, be recovered against the defendant.

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Legislative History

En. Sec. 104, p. 152, L. 1867; re-en. Sec. 121, p. 50, Cod. Stat. 1871; re-en. Sec. 163, p. 78, L. 1877; re-en. Sec. 163, 1st Div. Rev. Stat. 1879; re-en. Sec. 165, 1st Div. Comp. Stat. 1887; re-en. Sec. 849, C. Civ. Proc. 1895; re-en. Sec. 6631, Rev. C. 1907; re-en. Sec. 9229, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 514; re-en. Sec. 9229, R.C.M. 1935; R.C.M. 1947, 93-4110(part); amd. Sec. 668, Ch. 56, L. 2009; amd. Sec. 4, Ch. 389, L. 2019.