§ 10-5-24 - Release of stock or trust estate by plaintiff.

SECTION 10-5-24

   § 10-5-24  Release of stock or trust estateby plaintiff. – In case the writ shall have been returned to the court to which it is madereturnable, and duly entered in the court, or in case the officer who servedthe writ shall, from any cause, be unable to accept the bond and release theshares or personal estate in the hands or possession of the trustee from theattachment, then the bond given to release the attachment shall be delivered tothe plaintiff, or his or her attorney named on the writ, the bond running tothe plaintiff, and with surety to the satisfaction of the plaintiff or theplaintiff's attorney; and upon the acceptance of the bond by the plaintiff orthe plaintiff's attorney, the plaintiff or his or her attorney shall uponreceipt of the bond give to the defendant a certificate, signed by theplaintiff or his or her attorney, that he or she has accepted the bond andreleased the shares or personal estate from attachment. In the case of therefusal of the plaintiff or his or her attorney to act upon the bond or toreceive a proper bond and give such certification, the defendant may petitionthe court to which the writ is returnable, or if appellate proceedings havebeen taken may petition the court to which the proceedings have been taken, toaccept a bond running to the plaintiff and satisfactory to the court andrelease the shares or personal estate from attachment.