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This entry was published on 2014-09-22
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Action in inferior court
§ 209. Action in inferior court. Where the action is brought in a
court, other than one of those specified in section two hundred and
seven, if the plaintiff is not in possession of the chattel, a warrant,
commanding the proper officer to seize the chattel, and safely keep it
to abide the judgment, may be issued, in like manner as a warrant of
attachment may be issued in an action founded upon a contract, brought
in the same court; and the provisions of law, applicable to a warrant of
attachment, issued out of that court, apply to a warrant, issued as
prescribed in this section, and to the proceedings to procure it, and
after it has been issued; except as otherwise specified in the judgment.
A judgment in favor of the plaintiff, in such an action, must correspond
to a judgment, rendered as prescribed in the last section, except that
it must direct the sale of the chattel by an officer to whom an
execution, issued out of the court, may be directed; and the payment of
the surplus, if its safekeeping is necessary, to the county treasurer,
for the benefit of the owner.