Kentucky Statutes 426.460 – Executions that may be replevied — Form of bond
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(1) Any execution on a judgment, which could be replevied before the execution issued, may be replevied for three (3) months at any time before a sale of property under the same, by the defendant giving to the officer a bond with good surety payable to the plaintiff, for the amount thereof including interest, costs, and half commission up to that time.
(2) The bond shall be in substance as follows: “We, A B, principal, and E F, surety, do bind ourselves, three (3) months after the date hereof, to pay C D, the plaintiff in execution, the sum of $ …., to bear interest from this date, being the amount of an execution which issued from the clerk’s office of the …. court, on the …. day of …. in favor of the said C D, for the sum of $ …. debt or damages, $ …. interest, $ …. cost of suit, $ …. sheriff’s (or constable’s) half commission, amounting in the whole to the sum of $ …. aforesaid, against the said A B; and we, A B and E F, his surety have hereby replevied the same. Witness our hands this …. day of …., 19…”
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 430, effective January
2, 1978. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 1669.
(2) The bond shall be in substance as follows: “We, A B, principal, and E F, surety, do bind ourselves, three (3) months after the date hereof, to pay C D, the plaintiff in execution, the sum of $ …., to bear interest from this date, being the amount of an execution which issued from the clerk’s office of the …. court, on the …. day of …. in favor of the said C D, for the sum of $ …. debt or damages, $ …. interest, $ …. cost of suit, $ …. sheriff’s (or constable’s) half commission, amounting in the whole to the sum of $ …. aforesaid, against the said A B; and we, A B and E F, his surety have hereby replevied the same. Witness our hands this …. day of …., 19…”
Terms Used In Kentucky Statutes 426.460
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 430, effective January
2, 1978. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 1669.