Title 32 — Judicial Remedies
69 chapters · 746 sections in this title.
N.D.C.C. § 32-07-01 Plaintiff may claim immediate delivery
0.2K chars
The plaintiff in an action to recover the possession of personal property, at the time of issuing the summons or at any time before answer, may claim the immediate delivery of such property as provided in this chapter.
N.D.C.C. § 32-07-02 Plaintiff's affidavit
1.5K chars
When a delivery is claimed, an affidavit must be made by the plaintiff, or by someone in the plaintiff's behalf, stating: 1. That the plaintiff is the owner of the property claimed, particularly describing it, or lawfully is entitled to the possession thereof by virtue of a speci…
N.D.C.C. § 32-07-03 Requisition to sheriff
0.2K chars
The plaintiff, by an endorsement in writing upon the affidavit, may require the sheriff of the county where the property claimed may be to take the same from the defendant and deliver it to the plaintiff.
N.D.C.C. § 32-07-04 Security by plaintiff
3.0K chars
Upon the receipt of an affidavit and requisition as provided in section 32-07-03 with a written undertaking executed by one or more sufficient sureties approved by the sheriff, to the effect that they are bound in double the value of the property, as stated in such affidavit, for…
N.D.C.C. § 32-07-06 Redelivery to defendant
0.8K chars
At any time before the delivery of the property to the plaintiff, the defendant, if the defendant does not except to the sureties of the plaintiff or the amount of the plaintiff's undertaking, may require the return thereof upon giving to the sheriff a written undertaking execute…
N.D.C.C. § 32-07-07 Justification
0.5K chars
The defendant's sureties shall justify in the manner provided in chapter 32-02. Upon such justification the sheriff shall deliver the property to the defendant and the undertaking to the plaintiff. The sheriff shall be responsible for the defendant's sureties, until they justify,…
N.D.C.C. § 32-07-08 Concealed property
0.4K chars
If the property, or any part thereof, is concealed in a building or enclosure, the sheriff publicly shall demand its delivery. If it is not delivered, the sheriff shall cause the building or enclosure to be broken open and shall take the property into the sheriff's possession, an…
N.D.C.C. § 32-07-09 Keeping property
0.3K chars
When the sheriff shall have taken property as in this chapter provided, the sheriff shall keep it in a secure place and shall deliver it to the party entitled thereto upon receiving the sheriff's lawful fees for taking and the sheriff's necessary expenses for keeping the same.
N.D.C.C. § 32-07-10 Claim by third person
0.9K chars
If the property taken is claimed by any person other than the defendant or the defendant's agent, and such person shall make affidavit of such person's title thereto and right to the possession thereof, stating the grounds of such right and title, and shall serve the same upon th…
N.D.C.C. § 32-07-11 Papers filed with clerk
0.2K chars
The sheriff shall file the notice and affidavit, with the sheriff's proceedings thereon, with the clerk of the court in which the action is pending, within twenty days after taking the property mentioned therein.
N.D.C.C. § 32-07-12 Specific personal property - Jury to find value and damages
2.4K chars
In an action for the recovery of specific personal property, the jury shall find by its verdict the facts, as the case may be, as follows: 1. In case it finds against the defendant and the property has not been delivered to the plaintiff, it shall find the value of the property, …