27-18-711. Motion to discharge writ improperly issued. The defendant may also, at any time either before or after the release of the attached property or before any attachment shall have been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to a judge thereof that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.
History: En. Sec. 138, p. 160, L. 1867; re-en. Sec. 156, p. 59, Cod. Stat. 1871; amd. Sec. 1, p. 48, L. 1874; amd. Sec. 198, p. 89, L. 1877; re-en. Sec. 198, 1st Div. Rev. Stat. 1879; re-en. Sec. 200, 1st Div. Comp. Stat. 1887; en. Sec. 914, C. Civ. Proc. 1895; re-en. Sec. 6681, Rev. C. 1907; re-en. Sec. 9282, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 556; re-en. Sec. 9282, R.C.M. 1935; R.C.M. 1947, 93-4329.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 18. Prejudgment Attachment
Part 7. Methods of Defending Against Attachment
27-18-701. Right to hearing following seizure without notice -- notice of right
27-18-703. through 27-18-710 reserved
27-18-711. Motion to discharge writ improperly issued
27-18-712. Use of affidavits to support or oppose motion
27-18-715. Exception to plaintiff's sureties
27-18-716. Justification of sureties
27-18-717. through 27-18-720 reserved
27-18-721. Proceedings to release attachment
27-18-722. Defendant's undertaking -- justification of sureties
27-18-723. and 27-18-724 reserved
27-18-725. Motion to vacate or modify writ or increase security
27-18-726. Proceedings on motion
27-18-727. through 27-18-730 reserved
27-18-731. Filing of order discharging or releasing attachment of real property
27-18-732. Release of attachment of real property by clerk when action not prosecuted -- filing