Home / SCOTUS Brief on behalf of the Plaintiff in Error, U.S. Reports Vol. 118, p. 49 / Passage

Mexican National Construction Co. v. Reusens — SCOTUS Brief (1885)

SCOTUS Brief on behalf of the Plaintiff in Error, U.S. Reports Vol. 118, p. 49 193 words

[Reusens SCOTUS Case (1885)] Section 687 of said Code is as follows: ‘‘The ‘defendant may, at any timeafter he has appeared ** in the action, and before final judgment, apply to the Judge who granted the warrant, or to the Court, for an order to discharge the attachment as to the whole or a part of the property at- “tached.” | | Section 688 of said Code is as follows: ‘* Upon such application the defendant must give an ‘undertaking with at least two sufficient sureties, to the effect that he will, on demand, pay to the plaintiff the amount of anv judgment, which ‘may be recovered in the action against him, not exceeding «a sum specified in the undertaking ‘with interest. The sum so specified must be at least equal to the amount of the plaintiff's de- mand, as specified in his affidavit - or at the Op- tion of the defendant, equal to the. appraised ‘value, according to the inventory of the property attached, or if the application is to discharge the attachment, as to a part only of the property attached, to the appraised value. of that por- ** ion.