521.420. Motion to dissolve attachment, evidence--burden of proof--appeal bond--liability of sureties. - Missouri Statutes

Motion to dissolve attachment, evidence--burden of proof--appealbond--liability of sureties.

521.420. 1. The court shall hear evidence upon the issuejoined by the motion to dissolve the attachment, and the burdenis upon the plaintiff to prove the ground of attachment; and thecourt shall make an order either sustaining or overruling themotion to dissolve and, if the motion is overruled, theattachment remains in full force and effect unless the plaintiffvoluntarily dismisses the same.

2. Upon the trial of the case upon the merits, which shallbe on the record, there shall be incorporated in the judgmentrendered in the cause, as a part of such judgment, a finding andjudgment either that the attachment is dissolved and the suretiesthereon released, or that the attachment is sustained, thefinding to be in accordance with the action of the courttheretofore taken on the motion to dissolve the attachment.Either party may appeal from a judgment rendered after timelyfiling of a motion for a new trial and adverse action thereon.The giving of an appeal bond by the appellant in such amount asthe court requires shall operate as a supersedeas of thejudgment. If the bond is given by the plaintiff, it preservesthe attachment in full force until the final determination of theappeal in the appellate court, or of the case upon a retrial inthe trial court. The appeal shall be taken and perfected as inordinary civil actions.

3. If the plaintiff, in case the judgment or findings areagainst him, fails to appeal or, if the appeal is dismissed, or,if upon an appeal the judgments or findings are affirmed, he andhis sureties are liable on their bond for all damages and costsoccasioned by the attachment or any subsequent proceedingsconnected therewith.

(RSMo 1939 § 1479, A.L. 1955 p. 776, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)

Prior revisions: 1929 § 1315; 1919 § 1766; 1909 § 2335

Effective 1-1-87