The bond shall be taken to the plaintiff and be substantially in the following form:
KNOW ALL MEN BY THESE PRESENTS: That .... of .... as principal, and .... of .... as surety, are holden and firmly bound jointly and severally unto .... of .... in the penal sum of .... dollars, to which payment well and truly to be made, we hereby bind ourselves, our heirs, executors and administrators, firmly by these presents. THE CONDITION of this obligation is such that, whereas the said .... has brought an action against the said ...., said action being returnable to the .... court for .... judicial district on the first Tuesday of ...., 20.., demanding .... dollars damages, the writ being dated at ...., on the .... day of ...., A.D. 20.., and signed by .... as ...., and by direction of said writ an attachment has been placed upon property of the said .... as follows: .... Now, Therefore, if the said .... shall pay any judgment that may be recovered against him in such action not exceeding the amount of .... dollars (the amount of damages demanded by said writ), or in default of such payment, shall pay to the officer having the execution issued on such judgment, on demand, the actual value of the interest, not exempt from attachment and execution, of the said .... in said attached property at the time of said attachment, not exceeding said amount of .... dollars, then his bond shall be void, but otherwise in full force and effect.
Dated at .... this .... day of ...., 20...
.... L.S.
.... L.S.
(1949 Rev., S. 8047; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted “judicial district” for “county” where appearing; (Revisor's note: In 2001 the references in this section to the date “19..” were changed editorially by the Revisors to “20..” to reflect the new millennium).
In suit on bond, value of the property at the time the bond was given is controlling; 45 C. 356; the obligors are estopped from denying the attachable interest of original defendant; 58 C. 429; but may prove the want of any interest or ownership in mitigation of damages. 74 C. 174; 86 C. 615. Cited. 72 C. 159. Error in noting recognizance may be overlooked. 74 C. 171. Necessity of attempt to levy and of demand before suit on. 86 C. 615; 104 C. 281. Nature and effect of bond in general. 84 C. 334. Though in statutory form, not under statute if not ordered by court. 86 C. 621; 90 C. 507; 91 C. 132; 94 C. 91. Limit of liability under; joint bond of two defendants. 85 C. 83. Effect of bankruptcy of debtor on liability of surety. 84 C. 331. Nature of bond and effect of bankruptcy; that it was voluntarily given, nil. sig. 95 C. 551; 101 C. 543. Extent of surety's liability. 95 C. 713. Effect of bond; surety entitled to benefit of payments made to plaintiff by company insuring defendant's liability. 97 C. 20. Whatever destroys attachment destroys bond; necessity for demand on garnishee within 60 days where bond given to release foreign attachment. 104 C. 281. Common law bond is a new security entirely disconnected with attachment lien. 127 C. 354. Bond in statutory form, given to release an attachment, is a substitute for the property and not a substitute for the lien of the attachment; defendant is not estopped to prove that defendant in original action had no interest in car. 136 C. 66. Surety is liable only to extent of actual value of interest of principal in property released. 138 C. 428. Cited. 141 C. 675; 209 C. 15.