11-33-11 - Bond.
§ 11-33-11. Bond.
The creditor, his agent, or attorney, shall also give bond, with a sufficient surety or sureties, to be approved by the officer issuing the attachment, in double the sum for which the complaint is made payable to the defendant and conditioned to the effect following, to wit:
"The condition of the above obligation is that, whereas, the above bound ________ prays an attachment against the estate of The said ________ for the sum of ________ dollars, returnable to the ________ court of ________ , on the ________ day of ________ next:
"Now, if the plaintiff shall pay to the defendant all such damages as he shall sustain by the wrongful suing out of the attachment, and all costs which may be awarded against the plaintiff in said suit, then the obligation shall be void."
The bond, together with the affidavit for the attachment, shall be returned by the officer taking the same to the court to which the attachment is returnable.
Sources: Codes, Hutchinson's 1848, ch. 56, art. 4 (8, 14); 1857, ch. 52, art. 6; 1871, § 1425; 1880, § 2416; 1892, § 130; 1906, § 134; Hemingway's 1917, § 126; 1930, § 124; 1942, § 2680.