§ 32-07-04 — Security by plaintiff

North Dakota § 32-07-04

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-07: Claim and Delivery

Text

Upon the receipt of an affidavit and requisition as provided in section 32-07-03 with a written
undertaking executed by one or more sufficient sureties approved by the sheriff, to the effect
that they are bound in double the value of the property, as stated in such affidavit, for the
prosecution of the action for the return of the property to the defendant, if return thereof is
adjudged, and for the payment to the defendant of such sum as for any cause may be
recovered against the plaintiff, the sheriff forthwith shall take the property described in the
affidavit, if it is in the possession of the defendant or the defendant's agent, and shall retain it in
the sheriff's custody. The sheriff also without delay shall serve on the defendant a copy of the
affidavit, requisition, and undertaking by delivering the same to the defendant personally, if the
defendant can be found, or to the defendant's agent from whose possession the property is
taken, or if neither can be found, by leaving them at the usual place of abode of either with
some person of suitable age and discretion.