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Ark. Code Ann. § 16-110-117

Bond of defendant for retention of property

Applied in 2 court decisions — leading case McCrory v. Johnson (1988)

Most recently applied in 743 F. Supp. 670 - Stephens v. Walker (October 1990)

Civil Code, §§ 234-236; C. & M

(1) The county sheriff may deliver any attached property to the person in whose possession it was found upon the execution, in the presence of the county sheriff, of a bond to the plaintiff, by the person, with one (1) or more sufficient sureties to the effect that the obligors are bound, in double the value of the property, that the defendant shall perform the judgment of the court in the action, or that the property or its value shall be forthcoming, and subject to the orders of court for the satisfaction of the judgment.

(2) For the purpose of taking this bond, the county sheriff shall cause the property to be appraised by three (3) disinterested householders, to be selected and sworn by him or her to make fair appraisement on the order of attachment.

(3) In any proceeding on this bond, it shall not be a defense that the property was not subject to the attachment.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.