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Rule 740. Complainant May Have Possession


If the party aggrieved shall, at the time of filing his complaint, execute a bond, to be approved by the justice, in such an amount as the justice may fix as the probable amount of the costs of suit and of the damages which may result to defendant in the event the suit has been improperly instituted, and conditioned that the plaintiff will pay defendant all such costs and damages as shall be adjudged against him, the officer serving such citation shall place the aggrieved party in possession of the property sued for, unless the defendant shall, within six days from the service of the citation, execute and deliver to such officer a bond in an amount double the amount of the bond given by the plaintiff, to be approved by the officer serving such citation and conditioned that the defendant in case judgment is rendered against him will pay all the costs of suit and the reasonable rental or value of the use of the property during the time he has withheld possession of the same from plaintiff to the time of making such bond and in addition will also pay the reasonable value or rental of such property while such suit is pending and until it is finally disposed of.

Source: Art. 3978, unchanged.

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


June 16, 1943, eff. Dec. 31, 1943

July 22, 1975, eff. Jan. 1, 1976

May 9, 1977, eff. Sept. 1, 1977. Repealed by order of April 15, 2013, eff. Aug. 31, 2013.