27-17-303. Exception to plaintiff's sureties -- justification -- liability of sheriff. The defendant may, within 2 days after service of a copy of the affidavit and undertaking, give notice to the sheriff that the defendant takes exception to the sufficiency of the sureties. If the defendant fails to do so, the defendant is considered to have waived all objections to the sureties. When the defendant takes exception, the sureties must justify on notice in like manner as upon bail on arrest and the sheriff is responsible for the sufficiency of the sureties until the objection to them is waived, as provided in this section, or until they justify. If the defendant takes exception to the sureties, the defendant cannot claim the property, as provided in 27-17-304.
History: En. Sec. 103, p. 152, L. 1867; re-en. Sec. 120, p. 50, Cod. Stat. 1871; re-en. Sec. 158, p. 76, L. 1877; re-en. Sec. 158, 1st Div. Rev. Stat. 1879; re-en. Sec. 160, 1st Div. Comp. Stat. 1887; re-en. Sec. 844, C. Civ. Proc. 1895; re-en. Sec. 6626, Rev. C. 1907; re-en. Sec. 9224, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 513; re-en. Sec. 9224, R.C.M. 1935; R.C.M. 1947, 93-4105; amd. Sec. 667, Ch. 56, L. 2009.