Montana § 27-18-721 Proceedings To Release Attachment

Montana Statutes

§ 27-18-721 — Proceedings To Release Attachment

Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 18 PREJUDGMENT ATTACHMENT·Part 7 Methods of Defending Against Attachment

27-18-721 . Proceedings to release attachment. Whenever the defendant has appeared in the action, the defendant may, upon reasonable notice to the plaintiff, apply to the court in which the action is pending or to the judge for an order to discharge the attachment, wholly or in part. Upon the execution of the undertaking mentioned in 27-18-722 , an order may be made releasing from the operation of the attachment any or all of the property attached. All of the property released and all of the proceeds of the sale of the property must be delivered to the defendant upon the justification of the sureties on the undertaking, if required by the plaintiff.

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27-18-721 . Proceedings to release attachment. Whenever the defendant has appeared in the action, the defendant may, upon reasonable notice to the plaintiff, apply to the court in which the action is pending or to the judge for an order to discharge the attachment, wholly or in part. Upon the execution of the undertaking mentioned in 27-18-722 , an order may be made releasing from the operation of the attachment any or all of the property attached. All of the property released and all of the proceeds of the sale of the property must be delivered to the defendant upon the justification of the sureties on the undertaking, if required by the plaintiff.

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Legislative History

En. Sec. 108, p. 65, Bannack Stat.; re-en. Sec. 136, p. 159, L. 1867; amd. Sec. 154, p. 58, Cod. Stat. 1871; re-en. Sec. 196, p. 88, L. 1877; re-en. Sec. 196, 1st Div. Rev. Stat. 1879; re-en. Sec. 198, 1st Div. Comp. Stat. 1887; amd. Sec. 912, C. Civ. Proc. 1895; re-en. Sec. 6679, Rev. C. 1907; re-en. Sec. 9280, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 554; re-en. Sec. 9280, R.C.M. 1935; R.C.M. 1947, 93-4327; amd. Sec. 701, Ch. 56, L. 2009.