Montana Statutes
§ 27-17-306 — Justification Of Defendant's Sureties -- Liability Of Sheriff
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 17 CLAIM AND DELIVERY OF PERSONAL PROPERTY·Part 3 Procedure Following Seizure by Sheriff
27-17-306 . Justification of defendant's sureties -- liability of sheriff. The defendant's sureties, upon notice to the plaintiff of not less than 2 or more than 5 days, shall justify before the judge or clerk in the same manner as upon bail on arrest, and upon the justification the sheriff shall deliver the property to the defendant. The sheriff must be responsible for the defendant's sureties until they justify or until the justification is completed or expressly waived and may retain the property until that time. However, if the sureties or others in their place fail to justify at the time or place appointed, the sheriff shall deliver the property to the plaintiff.
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Legislative History
En. Sec. 105, p. 152, L. 1867; re-en. Sec. 122, p. 50, Cod. Stat. 1871; re-en. Sec. 164, p. 78, L. 1877; re-en. Sec. 164, 1st Div. Rev. Stat. 1879; re-en. Sec. 166, 1st Div. Comp. Stat. 1887; re-en. Sec. 850, C. Civ. Proc. 1895; re-en. Sec. 6632, Rev. C. 1907; re-en. Sec. 9230, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 515; re-en. Sec. 9230, R.C.M. 1935; R.C.M. 1947, 93-4111; amd. Sec. 669, Ch. 56, L. 2009.
Nearby Sections
15
§ 27-17-101
When Plaintiff May Claim Delivery§ 27-17-102
Claim And Delivery In Justice's Court§ 27-17-201
Plaintiff's Affidavit§ 27-17-202
Description Of Property In Affidavit§ 27-17-203
Order From Judge§ 27-17-206
Manner Of Seizure Of Concealed Property§ 27-17-301
Duty Of Sheriff To Keep And Deliver Property§ 27-17-302
Sheriff's Return Of Execution§ 27-17-305
Return Of Part Of The Property