11-33-81 - Defendant may defend without replevying property.
§ 11-33-81. Defendant may defend without replevying property.
The defendant in attachment may appear, without replevying the property attached, and defend the suit as in other actions for the recovery of money. In case the defendant shall have been personally summoned, or shall appear and plead to the action, the judgment therein shall have the same force and effect against the person and property of the defendant as in other actions where a summons has been personally served on him. Such appearance shall not vacate or affect any bond taken hereunder, nor discharge any garnishee, nor affect any lien created by the attachment; but the proceedings in respect to any property attached, or any garnishee summoned, shall be the same as if final judgment had been entered by default.
Sources: Codes, 1857, ch. 52, art. 20; 1871, § 1476; 1880, § 2436; 1892, § 164; 1906, § 169; Hemingway's 1917, § 161; 1930, § 159; 1942, § 2715.