521.070. Bond, by whom executed--conditions. - Missouri Statutes

Bond, by whom executed--conditions.

521.070. The bond shall be executed by the plaintiff, orsome responsible person as principal, and one or more sureties,resident householders of the county in which the action is to bebrought, in a sum at least double the amount sworn to in theaffidavit, payable to the state of Missouri, conditioned that theplaintiff shall prosecute his action without delay and witheffect, refund all sums of money that may be adjudged to berefunded to the defendant, or found to have been received by theplaintiff and not justly due to him, and pay all damages andcosts that may accrue to any defendant, garnishee or interpleaderby reason of the attachment, or any process or proceeding in thesuit, or by reason of any judgment or process thereon, and payall damages and costs that may accrue to any sheriff or otherofficer by reason of acting under the writ of attachment,following the instructions of the plaintiff.

(RSMo 1939 § 1444)

Prior revisions: 1929 § 1280; 1919 § 1731; 1909 § 2300

(1995) Where supreme court rule required bonds not exceeding double the judgment and statute requires bonds of at least double the judgment sought, supreme court rule promulgated pursuant to Article V, Section 5, Mo. Const., supersedes statute. If there is a conflict between supreme court rules and a statute, the rule always prevails if it addresses practice, procedure or pleadings State ex rel. Union Electric Co. V. Barnes, 893 S.W.2d 804 (Mo. en banc).