Effective - 28 Aug 1939
533.040. Sheriff to take and deliver property to plaintiff unless bond given. — Upon such bond being executed as aforesaid, the sheriff shall receive the property, or, if the same be not delivered, shall take the property and deliver it to the plaintiff, unless, before such delivery to the plaintiff, the defendant shall, with two or more sufficient sureties to be approved by the sheriff, execute a bond to the plaintiff, to the effect that they are bound in double the value of the property as stated in the affidavit of the plaintiff, for the delivery of said property to the plaintiff, if such delivery be adjudged and, in default of such delivery, for the payment of the assessed value of such property, and for the payment of all damages for injuries to the property, and for the taking and detention or detention thereof, and all costs which may accrue in the action.
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(RSMo 1939 § 1791)
Prior revisions: 1929 § 1627; 1919 § 2075; 1909 § 2640
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Section 533.010 - Action to recover specific personal property, procedure.
Section 533.020 - Order of delivery.
Section 533.040 - Sheriff to take and deliver property to plaintiff unless bond given.
Section 533.050 - Qualifications of sureties.
Section 533.060 - Defendant not entitled to retain property, when.
Section 533.070 - Bonds taken by sheriff, filed with clerk, when.
Section 533.100 - When order in sections 533.080 and 533.090 is made, duty of clerk.
Section 533.120 - Judgment rendered against plaintiff and his sureties, when.
Section 533.130 - If plaintiff has not property, assessment of damages.
Section 533.140 - If defendant fails in his defense — assessment of damages.
Section 533.150 - Party to elect, when.
Section 533.160 - Duty of officer if property not delivered in ten days.
Section 533.170 - Title of property vested, when.
Section 533.180 - Enforcement of orders.
Section 533.190 - Suit on bond, how and by whom brought.
Section 533.200 - Right of action against sheriff barred, when.
Section 533.210 - Court to allow charges for taking and delivering property.
Section 533.220 - Sheriff and sureties liable, when.
Section 533.230 - Issuance of execution — to whom directed.