639.45  Delivery bond.

The defendant, or any person in whose possession any attached property is found, or any person making affidavit that the person has an interest in it, may, at any time before judgment, discharge the property attached, or any part thereof, by giving bond with security, to be approved by the sheriff, or after the return of the writ, by the clerk, in a penalty at least double the value of the property sought to be released, but if that sum would exceed double the amount of the claim for which an attachment is sued out, then in such sum as equals double the amount of such claim, conditioned that such property or its appraised value shall be delivered to the sheriff, to satisfy any judgment which may be obtained against the defendant in that suit, within twenty days after the rendition thereof. This bond shall be filed with the clerk of the court.

Section History: Early form

  [C51, § 1876; R60, § 3219; C73, § 2996; C97, § 3909; C24, 27, 31, 35, 39, § 12121; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 639.45]

Internal References

  Referred to in § 537.5110

Footnotes

  Similar provisions, § 639.42, 643.12, 667.7


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