11-33-97 - Discharge of attachment not to affect action.
§ 11-33-97. Discharge of attachment not to affect action.
If the issue on the defense traversing the truth of the alleged attachment grounds be found for the defendant, the attachment shall be thereby discharged, and all property seized under it, and all persons summoned as garnishees, shall be released from it; but the action, unless dismissed by the plaintiff, shall be proceeded with in all respects as if it had been an ordinary action in its commencement; and the costs accruing in it, after the trial of the issue on the said defense, shall abide the result of such action.
Sources: Codes, 1880, § 2434; 1892, § 172; 1906, § 177; Hemingway's 1917, § 169; 1930, § 167; 1942, § 2723.