11-23-13 - Default in making up issue.
§ 11-23-13. Default in making up issue.
If by default of the plaintiff in execution an issue for the trial of the right of property be not made up at the term to which the execution is returnable, the court shall discharge the claimant from his bond, and the property shall not thereafter be subject to execution on plaintiff's judgment; but if the claimant fail to join issue when tendered at the first term, the court, at the instance of the plaintiff in execution, shall order a writ of inquiry as to the value of the property, and also to inquire whether or not the claim was made for fraudulent purposes or for purposes of delay.
Sources: Codes, 1857, ch. 61, art. 297; 1871, § 860; 1880, § 1776; 1892, § 4428; 1906, § 4993; Hemingway's 1917, § 3267; 1930, § 3427; 1942, § 1024.