Montana Code Annotated 2003

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     27-18-301. Form and content of writ -- defendant's undertaking to prevent levy. (1) The writ must be directed to the sheriff of any county in which property of such defendant may be and must require him to:
     (a) attach and safely keep all the property of such defendant within 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 at least two sufficient sureties, in an amount sufficient to satisfy such demand, besides costs, or in an amount equal to the value of the property which has been or is about to be attached, take such undertaking.
     (2) The undertaking must be to the plaintiff in the action and must be approved in writing on the back thereof by the plaintiff or his attorney or, upon their refusal, by the judge of the district court of the same county as the residence of the sheriff.

     History: En. Sec. 94, p. 61, Bannack Stat.; amd. Sec. 123, p. 156, L. 1867; re-en. Sec. 140, p. 55, Cod. Stat. 1871; amd. Sec. 1, p. 47, L. 1874; amd. Sec. 182, p. 83, L. 1877; re-en. Sec. 182, 1st Div. Rev. Stat. 1879; re-en. Sec. 184, 1st Div. Comp. Stat. 1887; re-en. Sec. 893, C. Civ. Proc. 1895; en. Sec. 1, p. 140, L. 1899; re-en. Sec. 6660, Rev. C. 1907; re-en. Sec. 9260, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 540; re-en. Sec. 9260, R.C.M. 1935; R.C.M. 1947, 93-4305(part); amd. Sec. 40, Ch. 12, L. 1979.

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