Defendant's Bond; Responsibility of Officer Taking Insufficient Security

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The defendant may relieve himself, his property, or the specific property from the restraint imposed by giving bond in double the value of plaintiff's claim, with good security, to the officer serving the process, for the forthcoming of each or either, according to the tenor of the writ, to answer to complainant's claim or abide by the order and decree of the court. The judge granting the writ may, in his discretion, require a larger bond. An officer receiving insufficient security shall be held surety himself, and the sureties on his bond may be held responsible therefor.

(Laws 1830, Cobb's 1851 Digest, p. 527; Code 1863, § 3149; Code 1868, § 3161; Code 1873, § 3228; Code 1882, § 3228; Civil Code 1895, § 4888; Civil Code 1910, § 5461; Code 1933, § 37-1403.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, § 523 et seq.

C.J.S.

- 30 C.J.S., Equity, § 77. 65 C.J.S., Ne Exeat, § 13.


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