Section 521.420

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 521

Effective - 01 Jan 1987, see footnote   

  521.420.  Motion to dissolve attachment, evidence — burden of proof — appeal bond — liability of sureties. — 1.  The court shall hear evidence upon the issue joined by the motion to dissolve the attachment, and the burden is upon the plaintiff to prove the ground of attachment; and the court shall make an order either sustaining or overruling the motion to dissolve and, if the motion is overruled, the attachment remains in full force and effect unless the plaintiff voluntarily dismisses the same.

  2.  Upon the trial of the case upon the merits, which shall be on the record, there shall be incorporated in the judgment rendered in the cause, as a part of such judgment, a finding and judgment either that the attachment is dissolved and the sureties thereon released, or that the attachment is sustained, the finding to be in accordance with the action of the court theretofore taken on the motion to dissolve the attachment.  Either party may appeal from a judgment rendered after timely filing of a motion for a new trial and adverse action thereon.  The giving of an appeal bond by the appellant in such amount as the court requires shall operate as a supersedeas of the judgment.  If the bond is given by the plaintiff, it preserves the attachment in full force until the final determination of the appeal in the appellate court, or of the case upon a retrial in the trial court.  The appeal shall be taken and perfected as in ordinary civil actions.

  3.  If the plaintiff, in case the judgment or findings are against him, fails to appeal or, if the appeal is dismissed, or, if upon an appeal the judgments or findings are affirmed, he and his sureties are liable on their bond for all damages and costs occasioned by the attachment or any subsequent proceedings connected therewith.

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(RSMo 1939 § 1479, A.L. 1955 p. 776, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)

Prior revisions: 1929 § 1315; 1919 § 1766; 1909 § 2335

Effective 1-01-87