521.050. Suits by attachment--affidavit and bond--exceptions.

MISSOURI STATUTES AND CODES

521.050. Suits by attachment--affidavit and bond--exceptions.

Suits by attachment--affidavit and bond--exceptions.

521.050. Any plaintiff wishing to sue by attachment may filein the clerk's office of the court in which the attachment isinstituted a petition or other lawful statement or exhibit of hiscause of action, and, except in suits instituted by the state ora county in its own behalf, and also, except in cases where thedefendant is not a resident of the state of Missouri, in eitherof which cases no bond shall be required, shall also file anaffidavit and bond, and, thereupon, such plaintiff may sue out anoriginal attachment against the lands, tenements, goods, moneys,effects and credits of the defendant in whose hands soever thesame may be; and where the affidavit for an attachment statesthat the plaintiff will lose his claim, unless the writ ofattachment issues, and be served on Sunday or any other legalholiday, the writ may be issued and served on that day; provided,that when any writ of attachment has issued against a nonresidentand the plaintiff has given no bond, the attachment shall bedissolved as of course, and the lands, tenements, goods, moneys,effects and credits of the defendant taken or levied upon undersuch writ of attachment shall be released therefrom, upon thedefendant entering his appearance and filing his answer to themerits of the case; unless the plaintiff shall, within ten daysfrom the date of the filing and service of defendant's answer andentry of appearance, file his bond in said case in double theamount sworn to in the affidavit of the plaintiff; provided,however, upon good cause shown, the judge may grant an additionalten days to file said bond; the bond herein provided for as toits effect and the obligation of the parties thereto shall be thesame as if filed before the writ of attachment was issued.