§ 10-13-25 - Party deemed creditor – Effect of executions subsequent to oath.
SECTION 10-13-25
§ 10-13-25 Party deemed creditor –Effect of executions subsequent to oath. – The person to whom the debt appears, by the process, to belong at the timecomplaint is made, shall be deemed the creditor within the meaning of theprovisions of this chapter. Neither the commitment of the prisoner, nor his orher discharge, shall be a satisfaction of the debt for which he or she wascommitted. If committed on execution, the plaintiff may take out anotherexecution, which shall not, however, run against the body of the defendant. Ifsuit is brought on the judgment, execution in the suit shall not run againstthe body of the defendant, nor shall the defendant be held to bail on the writin such case. If the defendant is committed on mesne process, when he or shereceives a certificate as provided in § 10-13-23, if that fact is shown byplea to the court before which the action is pending, then execution shall notissue against the body of the defendant, but in all such cases execution shallissue against the goods and chattels and real estate of the defendant.