Montana Code Annotated 2003

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     27-18-1504. Form and content of writ -- defendant's undertaking to prevent levy. (1) The writ may be directed to the sheriff or any constable of the county or the sheriff of any other county and must require him to:
     (a) attach and safely keep all the property of the defendant in his county, not exempt from attachment, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated in conformity with the complaint; or
     (b) if the defendant gives him security by the undertaking of two sufficient sureties in an amount sufficient to satisfy such demand, besides costs, take such undertaking.
     (2) The undertaking must be to the plaintiff and must be approved in writing on the back thereof by the plaintiff or his attorney or, upon their refusal, by the justice issuing the writ.

     History: En. Sec. 570, p. 155, Bannack Stat.; re-en. Sec. 676, p. 172, Cod. Stat. 1871; re-en. Sec. 736, 1st Div. Rev. Stat. 1879; re-en. Sec. 756, 1st Div. Comp. Stat. 1887; re-en. Sec. 1562, C. Civ. Proc. 1895; amd. Sec. 2, p. 141, L. 1899; re-en. Sec. 7028, Rev. C. 1907; re-en. Sec. 9661, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 868; re-en. Sec. 9661, R.C.M. 1935; R.C.M. 1947, 93-6910; amd. Sec. 44, Ch. 12, L. 1979.

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