513.135. Claim, with bond, shall be returned to court--proceedings.
Claim, with bond, shall be returned to court--proceedings.
513.135. 1. The officer shall return the claim, and suchbond or bonds as shall have been taken by him, to the court towhich the execution may be returnable, on or before the first dayof the next term thereof, and the clerk shall enter the matterupon the docket, as near as may be, as civil cases are docketed,and the matter shall, unless continued for cause, be tried at theterm at which the claim is returned.
2. The execution creditor shall answer or direct a motion tothe claim returned by the officer on or before the second day ofthe term, and the claimant may reply to the answer within suchtime as may be directed by the court; and all proceedings inrelation to such claim shall be governed, as far as practicable,by the law relating to pleadings and practice in civil actions.
3. If the execution creditor shall fail to answer or directa motion, as herein provided, or the judgment shall be in favorof the claimant, the court shall by its order direct the officerto release such property to the claimant, and shall enterjudgment for costs against the execution creditor and hissureties.
4. If the judgment shall be for the execution creditor, itshall be against the claimant and his sureties in like manner,and the court shall order the property sold, and a certified copyof such order shall be delivered to the officer, and shall havethe force and effect of and be proceeded upon as specialexecution.
(RSMo 1939 § 1349, A. 1949 H.B. 2121)Prior revisions: 1929 § 1185; 1919 § 1636; 1909 § 2205