§ 15-17-20 — Arrest in civil actions permitted in certain cases.

The defendant may be arrested, as prescribed in this article, in the following cases: (1) In an action for money received or property embezzled or fraudulently misapplied by a public officer, an attorney, solicitor or counsellor, an officer or agent of a corporation or banking association in the course of his employment as such or a factor, agent, broker or other person in a fiduciary capacity or in an action for any misconduct or neglect in office or in a professional employment; (2) In an action to recover the possession of personal property fraudulently detained or when property has been fraudulently concealed, removed or disposed of so that it cannot be found or taken by the sheriff or constable and with intent that it should not be so found or taken or with intent to deprive the plaintiff of the benefit thereof; (3) When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit; (4) When the defendant has removed or disposed of his property or is about to do so with intent to defraud his creditors; (5) Whenever a person domiciled in this State, indebted by bond, note or otherwise, is about to remove or abscond from the limits of this State and the debt is not yet due but payable at some future date, the obligee, payee or holder of such demand, or his assignee or endorsee, as the case may be, upon swearing (a) that such person is indebted to him, (b) that the demand is just and owing but not yet due, (c) that the debtor is about to abscond or remove without the limits of this State and (d) that such creditor was not aware that the debtor had any intention to remove from the State at the time when the original contract was made or at the time of such assignment or endorsement, as the case may be, May commence an action by issuing a summons and complaint and shall have power to arrest and hold to bail in such manner as is prescribed in this chapter in cases of debts actually due; and (6) In an action for the recovery of damages in a cause of action not arising out of contract when the defendant is a nonresident of the State or is about to remove therefrom or when the action is for an injury to person or character or for injury to or for wrongfully taking, detaining or converting property.

Legislative History

HISTORY: 1962 Code SECTION 10-802; 1952 Code SECTION 10-802; 1942 Code SECTION 500; 1932 Code SECTION 500; Civ. P. '22 SECTION 442; Civ. P. '12 SECTION 230; Civ. P. '02 SECTION 200; 1870 (14) 467 SECTION 202.