42-9-24. [Perishable property; petition for sale; hearing; order.]
169 words·~1 min read·
/nm/chapter-42-actions-and-proceedings-relating-to-property/article-9-attachment/42-9-24·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In all suits in the district courts by attachments, when the property attached shall be of a perishable nature and liable to be lost or diminished in value before the final adjudication of the case, and the defendant shall not give bond to retain the possession of the same, the plaintiff or defendant may make out a petition in writing setting forth the kind, nature and condition of the property, and present said petition to the judge of the district in vacation; and if he shall find it sufficient in form and conditions, he may hear the testimony of witnesses as to the property, and if he shall believe that the interests of both plaintiff and defendant will be promoted by the sale of the property, may order such sale to be made, and direct the manner thereof.
History: C.L. 1897, § 2685 (209), added by Laws 1907, ch. 107, § 1 (209); Code 1915, § 4319; C.S. 1929, § 105-1622; 1941 Comp., § 22-124; 1953 Comp., § 26-1-24.