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Rule 608. Order of Court When Attachment Quashed


If the attachment be quashed or otherwise vacated by interlocu­tory judgment or order of the court, the court shall make the proper order making disposition of the property, or the proceeds of the sale thereof, if the same has been sold under order of the court, directing that it be turned over to the defendant. The property or the proceeds of the sale thereof, if the same has not been replevied, shall remain in the hands of the officers pending the final disposition of the main case and until it shall be finally disposed of, or until the time for perfecting an appeal has elapsed and no appeal has been perfected, when said order disposing of the property shall be carried into effect. Pending the final disposition of the main case, the defendant shall have the right at any time to replevy the property in the same manner as is provided for in cases of replevy before judgment. If the property has been sold, he may replevy the proceeds of such sale by giving bond in double the amount of the money arising from such sale, with like conditions as when replevied before judgment. Any replevy bond given in such case, whether before or after the quashing or vacating such attachment, shall be as valid and binding as if such attachment had never been quashed or vacated.

Source: Art. 303, unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941.


July 11, 1977, eff. Jan. 1, 1978