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Ark. Code Ann. § 16-110-118

Motion to discharge before term of court

Applied in 1 court decision — leading case McCrory v. Johnson (1988)

Most recently applied in McCrory v. Johnson (July 1988)

Civil Code, § 285; C. & M

(1) On reasonable notice to the plaintiff, the defendant may, at any time before the term next after the levy of the attachment, move the judge of the court in vacation to discharge the attachment, on the grounds of its having been issued contrary to the provisions of §§ 16-110-101, 16-110-102, 16-110-105 — 16-110-113, 16-110-115 — 16-110-117, 16-110-119, 16-110-121, 16-110-122, 16-110-126, 16-110-127, 16-110-129, 16-110-131 — 16-110-136, and 16-110-139.

(2) The judge, on an inspection of the papers in the action or of the authenticated copies of them, shall have the same power of discharging the attachment by his or her written order, filed by the clerk, as he or she would have in court and shall have like power to permit amendments by the plaintiff.

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.