State Codes and Statutes

Statutes > Missouri > T36 > C521 > 521_480

Attachments, how dissolved--affidavit may be amended.

521.480. Attachments in circuit courts may be dissolved onmotion made in behalf of the defendant, at any time before finaljudgment, in the following cases:

(1) When the affidavit on which the same was founded shallbe adjudged by the court insufficient; but no attachment shall bedissolved in such case, if the plaintiff shall file a good andsufficient affidavit, to be approved by the court, in such timeand manner as the court shall direct; such affidavit may embracethe same ground of attachment set forth in the previousaffidavit, or any other grounds, or both, at the option of theaffiant;

(2) When the defendant shall appear and plead to the action,and give bond to the plaintiff, with good and sufficientsecurity, to be approved by the court, in double the amount ofthe property, effects and credits attached, conditioned that suchproperty, effects and credits shall be forthcoming, and abide thejudgment which shall be rendered in the cause, when and where thecourt shall direct;

(3) When the defendant shall appear and plead to the action,and give like bond and security in a sum sufficient to satisfythe amount sworn to, in behalf of the plaintiff, with interestand costs of suit, conditioned that the defendant shall pay toplaintiff the amount which may be adjudged in favor of theplaintiff, interest and all costs of suit.

(RSMo 1939 § 1485, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1321; 1919 § 1772; 1909 § 2341

Effective 1-2-79

State Codes and Statutes

Statutes > Missouri > T36 > C521 > 521_480

Attachments, how dissolved--affidavit may be amended.

521.480. Attachments in circuit courts may be dissolved onmotion made in behalf of the defendant, at any time before finaljudgment, in the following cases:

(1) When the affidavit on which the same was founded shallbe adjudged by the court insufficient; but no attachment shall bedissolved in such case, if the plaintiff shall file a good andsufficient affidavit, to be approved by the court, in such timeand manner as the court shall direct; such affidavit may embracethe same ground of attachment set forth in the previousaffidavit, or any other grounds, or both, at the option of theaffiant;

(2) When the defendant shall appear and plead to the action,and give bond to the plaintiff, with good and sufficientsecurity, to be approved by the court, in double the amount ofthe property, effects and credits attached, conditioned that suchproperty, effects and credits shall be forthcoming, and abide thejudgment which shall be rendered in the cause, when and where thecourt shall direct;

(3) When the defendant shall appear and plead to the action,and give like bond and security in a sum sufficient to satisfythe amount sworn to, in behalf of the plaintiff, with interestand costs of suit, conditioned that the defendant shall pay toplaintiff the amount which may be adjudged in favor of theplaintiff, interest and all costs of suit.

(RSMo 1939 § 1485, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1321; 1919 § 1772; 1909 § 2341

Effective 1-2-79


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T36 > C521 > 521_480

Attachments, how dissolved--affidavit may be amended.

521.480. Attachments in circuit courts may be dissolved onmotion made in behalf of the defendant, at any time before finaljudgment, in the following cases:

(1) When the affidavit on which the same was founded shallbe adjudged by the court insufficient; but no attachment shall bedissolved in such case, if the plaintiff shall file a good andsufficient affidavit, to be approved by the court, in such timeand manner as the court shall direct; such affidavit may embracethe same ground of attachment set forth in the previousaffidavit, or any other grounds, or both, at the option of theaffiant;

(2) When the defendant shall appear and plead to the action,and give bond to the plaintiff, with good and sufficientsecurity, to be approved by the court, in double the amount ofthe property, effects and credits attached, conditioned that suchproperty, effects and credits shall be forthcoming, and abide thejudgment which shall be rendered in the cause, when and where thecourt shall direct;

(3) When the defendant shall appear and plead to the action,and give like bond and security in a sum sufficient to satisfythe amount sworn to, in behalf of the plaintiff, with interestand costs of suit, conditioned that the defendant shall pay toplaintiff the amount which may be adjudged in favor of theplaintiff, interest and all costs of suit.

(RSMo 1939 § 1485, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1321; 1919 § 1772; 1909 § 2341

Effective 1-2-79