27-18-101. Cases in which property may be attached. (1) Property may be attached in:
     (a) an action upon a contract, express or implied, for the direct payment of money where the contract:
     (i) is not secured by any mortgage or lien upon real property; or
     (ii) is originally secured and such security has, without any act of the plaintiff or the person to whom the security was given, become valueless; and
     (b) an action based upon a statutory stockholders' liability.
     (2) Attachment may not issue if the defendant gives security to pay the judgment.
     (3) For the purpose of this section, the guaranty of a loan in which the only condition precedent to the obligation of the guarantor is the default of the principal is an unconditional contract for the direct payment of money.

     History: En. Sec. 890, C. Civ. Proc. 1895; re-en. Sec. 6656, Rev. C. 1907; re-en. Sec. 9256, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 537; amd. Sec. 1, Ch. 82, L. 1931; re-en. Sec. 9256, R.C.M. 1935; amd. Sec. 11-159, Ch. 264, L. 1963; amd. Sec. 1, Ch. 299, L. 1977; R.C.M. 1947, 93-4301(2), (3); amd. Sec. 1, Ch. 194, L. 1985.