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Rule 709. When Bond Forfeited


The bond provided for in the preceding rule shall be returned by the officer to the court issuing the writ immediately after he has approved same, and in case the suit is decided against the plaintiff, final judgment shall be entered against all the obligors in such bond, jointly and severally for the value of the property replevied as of the date of the execution of the replevy bond, and the value of the fruits, hire, revenue or rent thereof as the case may be. The same rules which govern the discharge or enforcement of a judgment against the obligors in the defendant's replevy bond shall be applicable to and govern in case of a judgment against the obligors in the plaintiff's replevy bond.

Source: Art. 6857, changed to harmonize with prior rules.

For context only. We recommend its repeal: Art. 6858. Defendant Need Not Account for Hire, etc. In suits for the enforcement of a mortgage or lien upon property, the defendant, should he replevy the property, shall not be required to account for the fruits, hire, revenue or rent of the same, but this exception shall not apply to the plaintiff in case he shall replevy the property.

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