89-7-57 - How obtained.
§ 89-7-57. How obtained.
To obtain such attachment or distress, the party entitled thereto, his agent or attorney, shall make complaint on oath before a justice of the peace, averring the facts which entitle the party seeking it to the remedy; and, if anything be demanded on account of supplies, there shall be filed with the complaint an itemized bill of particulars thereof. The complainant shall enter into bond with sufficient sureties, payable to the tenant, his executor or administrator, in a penalty equal to double the sum claimed to be due, conditioned to pay all such damages as may be sustained by the obligee by the wrongful suing out of the writ, and all costs that may be awarded against the principal obligor.
Sources: Codes, 1892, § 2502; 1906, § 2839; Hemingway's 1917, § 2337; 1930, § 2189; 1942, § 911.