12.04.207 - Form of undertaking in attachment -- Form of undertaking to discharge attachment.

Form of undertaking in attachment — Form of undertaking to discharge attachment.

FORM OF UNDERTAKING IN ATTACHMENT

     Whereas, an application has been made by A B, plaintiff, to J P, one of the justices of the peace in and for . . . . . . county, for a writ of attachment against the personal property of C D, defendant; Now, therefore, we, A B, plaintiff, and E F, acknowledge ourselves bound to C D in the sum of . . . . . . dollars, that if the defendant recover judgment in this action, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he or she may sustain by reason of the said attachment and not exceeding the sum of . . . . . . dollars.

     Dated the . . . . day of . . . . . . , 19. . . A B, E F.



FORM OF UNDERTAKING    

TO DISCHARGE ATTACHMENT

     Whereas, a writ of attachment has been issued by J P, one of the justices of the peace in and for . . . . . . county, against the personal property of C D, defendant, in an action in which A B is plaintiff; Now, therefore, we C D, defendant, E F, and G H, acknowledge ourselves bound unto J K, constable, in the sum of . . . . . . dollars, [double the value of the property], engaging to deliver the property attached, to wit: [here set forth a list of articles attached], or pay the value thereof to the sheriff or constable, to whom the execution upon a judgment obtained by plaintiff in the aforesaid action may be issued.

     Dated this . . . . day of . . . . . . , 19. . . C D, E F, G H.

[2010 c 8 § 3017; 1957 c 89 § 9. Prior: Code 1881 § 1885, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 § 19, part; RRS § 1890, part.]