32-07-06. Redelivery to defendant.
143 words·~1 min read·
/nd/title-32/chapter-32-07-claim-and-delivery/32-07-06·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
At any time before the delivery of the property to the plaintiff, the defendant, if the defendant does not except to the sureties of the plaintiff or the amount of the plaintiff's undertaking, may require the return thereof upon giving to the sheriff a written undertaking executed by two or more sufficient sureties to the effect that they are bound in double the value of the property as stated in the affidavit of the plaintiff for the delivery thereof to the plaintiff, if such delivery is adjudged, and for the payment to the plaintiff of such sum as for any cause may be recovered against the defendant.
If a return of the property is not so required within three days after the taking and service of notice on the defendant, it shall be delivered to the plaintiff except as provided in section 32-07-10.