25-1039 Attachment; additional security; right of defendant to require.
25-1039. Attachment; additional security; right of defendant to require.The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court is satisfied that the surety in the plaintiff's undertaking has removed from this state, or is not sufficient for the amount thereof, it may vacate the order of attachment and direct restitution of any property taken under it, unless in a reasonable time, to be fixed by the court, sufficient security is given by the plaintiff. SourceR.S.1867, Code § 234, p. 432; R.S.1913, § 7768; C.S.1922, § 8712; C.S.1929, § 20-1039; R.S.1943, § 25-1039.