North Dakota Code 42-02-03 – Temporary injunction – When officers take possession of property
If, at the time of granting the temporary injunction, an affidavit shall be presented to the court or judge stating or showing that acts are being committed contrary to law upon the premises where said nuisance is located, the court or judge must issue the court’s or judge’s warrant commanding the officer serving said writ of injunction, at the time of service, to take possession and custody of any articles or property used or employed contrary to law. The officer shall take and hold the possession of such property until final judgment is entered, or until the possession of such property shall be disposed of by an order of the court or judge upon a hearing had before it for such purpose. The expense for such holding shall be taxed as a part of the costs in the action.
Terms Used In North Dakota Code 42-02-03
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Property: includes property, real and personal. See North Dakota Code 1-01-49