USA Statutes : nevada
Title : Title 06 - JUSTICE COURTS AND CIVIL PROCEDURE THEREIN
Chapter : CHAPTER 71 - PROVISIONAL REMEDIES
An order to
arrest the defendant may be endorsed on a summons issued by the justice,
and the defendant may be arrested thereon by the sheriff or constable, at
the time of serving the summons, and brought before the justice, and
there detained until duly discharged, in the following cases:
1. In an action for the recovery of money or damages on a cause of
action arising upon contract, express or implied, when the defendant is
about to depart from the State with intent to defraud his creditors.
2. In an action for a fine or penalty, or for money or property
embezzled or fraudulently misapplied or converted to his own use by one
who received it in a fiduciary capacity.
3. When the defendant has been guilty of a fraud in contracting
the debts or incurring the obligation for which the action is brought.
4. When the defendant has removed, concealed or disposed of his
property, or is about to do so, with intent to defraud his creditors.
[1911 CPA § 802; A 1913, 364; NCL § 9291]
an order for an arrest can be made, the party applying must prove to the
satisfaction of the justice, by the affidavit of himself or some other
person, the facts upon which the application is founded. The plaintiff
must also execute and deliver to the justice a written undertaking in the
sum of $300, with sufficient sureties, to the effect that the plaintiff
will pay all costs that may be adjudged to the defendant, and all damages
which he may sustain by reason of the arrest, if the same be wrongful or
without sufficient cause, not exceeding the sum specified in the
[1911 CPA § 803; RL § 5745; NCL § 9292]
The defendant, immediately upon being arrested, shall be taken to the
office of the justice who made the order, and if he is absent or unable
to try the action, or if it appears to such justice by the affidavit of
defendant that he is a material witness in the action, the officer shall
immediately take the defendant before a justice of another township, who
shall take jurisdiction of the action and proceed thereon as if the
summons had been issued and the order of arrest made by him.
[1911 CPA § 804; RL § 5746; NCL § 9293]—(NRS A 1959, 48)
The officer making the arrest must immediately give notice
thereof to the plaintiff or his attorney or agent, and endorse on the
summons, and subscribe a certificate, stating the time of serving the
same, the time of the arrest and of his giving notice to the plaintiff.
[1911 CPA § 805; RL § 5747; NCL § 9294]
officer making the arrest must keep the defendant in custody until he is
discharged by order of the justice.
[1911 CPA § 806; RL § 5748; NCL § 9295]
The provisions of chapter 31 of NRS are applicable to attachments issued in
Justice Courts, the word “constable” being substituted for the word
“sheriff,” whenever the writ is directed to a constable, and the word
“justice” being substituted for the word “judge.”
[1911 CPA § 810; A 1913, 364; 1933, 85; 1931 NCL § 9299]—(NRS A
CLAIM AND DELIVERY
In an action to recover possession of personal property, the plaintiff
may, at the time of issuing summons, or at any time thereafter before
answer, claim the delivery of such property to him. NRS 31.840 to 31.950 ,
inclusive, are applicable to such claim when made in Justice Courts, the
powers therein given and duties imposed on sheriffs being extended to
constables, and the word “justice” being substituted for the word “judge.”
[1911 CPA § 811; RL § 5753; NCL § 9300]—(NRS A 1973, 1152)