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16-110-137. Judgment on bond.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-137. Judgment on bond.
(a) If the plaintiff shall recover against the defendant, and the attachment shall have been discharged upon the execution of a bond, as provided by § 16-110-122(a), then the court shall render judgment against the defendant and his or her sureties in the bond for the amount recovered and the costs of the suit.
(b) If the defendant shall have given bond for the retention of the property attached, as provided by § 16-110-117(a), and the attachment shall be sustained, the court or jury, in addition to finding the amount of debt or damages due to the plaintiff, shall, upon demand of the plaintiff, also assess the value of the property attached. The court shall, in addition to judgment against the defendant for the amount found due to the plaintiff, and costs, render further judgment, that in case the property shall not be delivered up to the proper officer to be sold, and the officer shall not be able to make the judgment out of the property of the defendant, execution shall then issue against the property of the sureties for so much of the judgment as shall not exceed the value of the property, which execution shall be enforced as in other cases.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-137
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-110-137
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7cf44a4dff32703007093af36be6dcd9e8e65d6763329ff5df3d0494c7d5164f
Source location: content.xml paragraph 44334
Stored source content
16-110-137. Judgment on bond.
(a) If the plaintiff shall recover against the defendant, and the attachment shall have been discharged upon the execution of a bond, as provided by § 16-110-122(a), then the court shall render judgment against the defendant and his or her sureties in the bond for the amount recovered and the costs of the suit.
(b) If the defendant shall have given bond for the retention of the property attached, as provided by § 16-110-117(a), and the attachment shall be sustained, the court or jury, in addition to finding the amount of debt or damages due to the plaintiff, shall, upon demand of the plaintiff, also assess the value of the property attached. The court shall, in addition to judgment against the defendant for the amount found due to the plaintiff, and costs, render further judgment, that in case the property shall not be delivered up to the proper officer to be sold, and the officer shall not be able to make the judgment out of the property of the defendant, execution shall then issue against the property of the sureties for so much of the judgment as shall not exceed the value of the property, which execution shall be enforced as in other cases.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-117. Bond of defendant for retention of property.
(a) 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.
(b) 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.
(c) In any proceeding on this bond, it shall not be a defense that the property was not subject to the attachment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-117
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-110-117. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-122. Bond for restitution of property.
(a) If the defendant at any time before the judgment causes a bond to be executed to the plaintiff by one (1) or more sufficient sureties, to be approved by the county sheriff, to the effect that the defendant shall perform the judgment of the court, the attachment shall be discharged and restitution made of any property taken under it, or the proceeds thereof. However, the giving of this bond by the defendant shall not preclude his or her right to controvert the existence of the grounds stated by the plaintiff in his or her affidavit for the order of attachment.
(b) The bond may, in vacation, be executed in the presence of the county sheriff having the order of attachment in his or her hands or, after the return of the order, before the clerk, with the same effect upon the attachment as if executed in court. The sureties, in either case, shall be approved by the officer.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-122
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-110-122. This identifies an authority to review, not proof of applicability.