§ 15-17-70 — Making and serving order for arrest; contents.

The order may be made to accompany the summons or at any time afterwards before judgment. It shall require the sheriff or constable of the county in which the defendant may be found forthwith to arrest him and hold him to bail in a specified sum and to return the order at a place and time therein mentioned to the plaintiff or attorney by whom it shall be subscribed or endorsed. But the order of arrest shall be of no avail and shall be vacated or set aside, on motion, unless it is served upon the defendant, as provided by law, before the docketing of any judgment in the action. The defendant shall have twenty days, after the service of the order of arrest, in which to answer the complaint.

Legislative History

HISTORY: 1962 Code SECTION 10-807; 1952 Code SECTION 10-807; 1942 Code SECTION 504; 1932 Code SECTION 504; Civ. P. '22 SECTION 446; Civ. P. '12 SECTION 234; Civ. P. '02 SECTION 204; 1870 (14) 467 SECTION 206.