S.C. Code § 22-3-1440

Current through 2024 Act No. 209.
Section 22-3-1440 - Return of property to defendant upon filing written undertaking for delivery if delivery be adjudged

At any time before the return day of the summons the defendant may, if he has not excepted to the plaintiff's sureties, require the return of the property to him upon giving to the plaintiff and filing with the magistrate a written undertaking, with one or more sureties who shall justify before the magistrate on the return day of the summons to the effect that they are bound in double the value of the property, as stated in plaintiff's affidavit, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant. If such return be not required before the return day of the summons the property shall be delivered to the plaintiff.

S.C. Code § 22-3-1440

Const. Art. 5, Sections 20, 21; 1879 (17) 28; 1870 (14) 74; Civ. P. '02 Section 71; Civ. P. '12 Section 80; Civ. P. '22 Section 213; 1932 Code Section 257; 1942 Code Section 257; 1952 Code Section 43-179; 1962 Code Section 43-179.