§ 10-5-5 - Writ of attachment after filing of equitable complaint.
SECTION 10-5-5
§ 10-5-5 Writ of attachment after filingof equitable complaint. – In any civil action of an equitable character, at or after the filing of thecomplaint, the complainant may move the superior court, ex parte, to issue awrit of attachment, to run against the property of the defendants or anydefendant in the cause; and the court, in its discretion, if the cause is ofsuch a nature that an attachment of property is for the proper security of thecomplainant, shall on the motion, properly supported by affidavits to be filedin the cause, enter an order granting a writ of attachment, which writ maycommand the attachment of the real and personal estate of the defendant,including his or herpersonal estate in the hands or possession of any person,co-partnership or corporation, as the trustee of the defendant and his or herstock or shares in any banking association or other incorporated company, likea writ of attachment at the commencement of a civil action in conformity to thespecific directions in the court's order; except as provided in §6A-7-602, and shall be served in like manner and be subject to like incidentsas a writ of attachment issued at the commencement of a civil action, and forsuch ad damnum, as shall be directed in the court's order and stated in thewrit. And all property so attached shall be held for the security of any finaljudgment which the complainant may obtain in his or her favor in the cause, inpursuance of the directions of the order granting the writ of attachment. If awrit of attachment runs against real property and title to the real property isheld in the name of a partnership, the writ shall include the name of thepartnership.