TITLE 8

PROVISIONAL REMEDIES IN CIVIL ACTIONS

CHAPTER 1

ARREST AND BAIL

8-102.  Grounds for arrest. The defendant may be arrested as hereinafter prescribed, in the following cases:

1.  In an action for the recovery of money or damages on a cause of action arising upon a contract express or implied where the defendant is about to depart from the state with intent to defraud his creditors, or when the action is for wilful injury to person, to character, or to property, knowing the property to belong to another.

2.  In an action for a fine or penalty, or on a promise to marry, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer or an officer of a corporation, or an attorney, factor, broker, agent or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect in office or in a professional employment, or for a wilful violation of duty.

3.  In an action to recover the possession of personal property unjustly detained when the property, or any part thereof, has been concealed, removed or disposed of to prevent its being found or taken by the sheriff.

4.  When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought.

5.  When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.

History:

[(8-102) C.C.P. 1881, sec. 271; R.S., R.C., & C.L., sec. 4241; C.S., sec. 6730; I.C.A., sec. 6-102.]