89-7-111 - Judgment if trial results against lessor.
§ 89-7-111. Judgment if trial results against lessor.
If the trial of suit result in favor of the party replevying the property, the judgment shall be that he retain it, and recover of the party in whose name or right such distress was sued out damages for the wrongful suing out of the attachment. Thereupon scire facias may be issued to the sureties on the attachment-bond to appear at the next term of the court to show cause against a judgment being given against them for the amount of the judgment for damages against their principal, not to exceed the penalty of their bond; and if cause be not affirmatively shown, judgment shall be rendered against them.
Sources: Codes, 1880, § 1315; 1892, § 2527; 1906, § 2864; Hemingway's 1917, § 2363; 1930, § 2216; 1942, § 938.