89-7-89 - How goods replevied.
§ 89-7-89. How goods replevied.
The tenant, his executor or administrator, may replevy the agricultural products or other property distrained, at any time before the sale thereof, by giving bond with one or more sufficient sureties, to be approved by the officer in whose custody the property may be, payable to the party in whose name or right the distress or seizure was made, in a penalty double the amount distrained for or double the value of the property seized, where the value is less than the amount distrained for, conditioned to prosecute his suit against the obligee in the bond for the property, and to perform the judgment of the court in such suit, in case he shall fail therein. Upon the delivery of such bond to the officer having control of the property, he shall deliver the same to the party giving the bond, and shall return the bond and the writ of attachment, with a statement of his proceedings, to the clerk of the circuit court if the value of the property or amount distrained for exceed two hundred dollars, and to the justice of the peace who issued the attachment if neither the amount claimed nor the value of the property exceed two hundred dollars; and he shall summon the party in whose name or right the distress or seizure was made, to appear at the next term of the court to which return of the attachment and bond shall be made, to answer the suit of the person replevying the property; and the officer shall make his return of having summoned such party on the papers by him returned to the court.
Sources: Codes, Hutchinson's 1848, ch. 56, art. 5 (15); 1857, ch. 41, art. 11; 1871, § 1630; 1880, § 1312; 1892, § 2518; 1906, § 2856; Hemingway's 1917, § 2354; 1930, § 2205; 1942, § 927.