Sec. 52-177. Action on bond. Burden of proving value of principal's interest.
Sec. 52-177. Action on bond. Burden of proving value of principal's interest.
Whenever, in any action brought upon a bond given in accordance with the provisions
of section 52-308, the defendant sets up in his answer, or claims, that the interest of the
principal in the bond in the property attached in the action in which the bond was given
was, at the time of the giving of the bond, of less value than the amount ordered by the
process in the action to be attached, the burden of proving the actual value of the interest
shall be upon the defendant.
(1949 Rev., S. 7900; P.A. 82-160, S. 81.)
History: P.A. 82-160 replaced "suit" with "action" and "such" with "the" where appearing.
Statute construed; presumption as to value. 58 C. 437; 102 C. 689; 109 C. 364. Cited. 86 C. 620. Recital in bond that
attachment was placed on property of J. and E. estops parties to it from claiming that J. did not have any interest at all in
the property. 114 C. 98. The burden of proving actual value of principal's interest is on the defendant. 138 C. 428. Cited.
141 C. 675. See note to section 52-173. Cited. 211 C. 555.