Execution against the person; arrest

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  • If the action is one in which the defendant might have been arrested, as provided by section 172 of this title, an execution against the person of the judgment debtor may be issued after the return of the execution against his property unsatisfied in whole or in part as follows:
    • (1) When it appears from the record that the cause of action is also a cause for arrest, as prescribed in said section 172, such execution may issue of course;

    • (2) When no such cause of arrest appears from the record, such execution may issue for any of the causes prescribed in said section 172 that may exist at the time of the application therefor upon leave of the court or judge thereof;

    • (3) When the defendant has been provisionally arrested in the action, or an order has been made allowing such arrest, and in either case the order has not been vacated, such execution may issue of course;

    • (4) When execution is issued against the person of the defendant by leave of the court, it shall be applied for and allowed in the manner provided in section 173 of this title, for allowing a writ of arrest, except that the undertaking need not be for an amount exceeding the judgment. A defendant arrested on execution, who has not been arrested provisionally, may at any time be discharged from such arrest for the causes and in the manner provided in sections 184 and 185 of this title for the discharge of a defendant who has been provisionally arrested.


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