27-18-207. Alias writs. - Montana Statutes

     27-18-207. Alias writs. Whenever a writ of attachment has been lost or whenever it appears from the sheriff's return of the writ that no property of the party or parties defendant has been levied upon or that the levy made is insufficient to satisfy the full amount of the plaintiff's demand or if, for any reason, the levy of the original writ is void or ineffective, the clerk of the court, upon written demand of the plaintiff or the plaintiff's attorney, shall issue an alias writ in the same form as the original. However, an alias writ may not be issued in an action after the commencement of the trial. A new or additional affidavit or undertaking on attachment may not be required for the issuance of an alias writ. Alias writs of attachment may be issued to the sheriffs of different counties.

     History: En. Sec. 1, Ch. 121, L. 1921; re-en. Sec. 9275, R.C.M. 1921; re-en. Sec. 9275, R.C.M. 1935; R.C.M. 1947, 93-4322; amd. Sec. 679, Ch. 56, L. 2009.