Civil Procedure Keyed to Marcus
Mitchell v. W.T. Grant Co.
below. Synopsis of Rule of Law. Prejudgment-seizure is proper when a judge reviews the complaint that has specific facts alleging possession, a bond is posted, and a hearing is afforded to the party. Facts. Grant sold a refrigerator, range, stereo and a washing machine to Mitchell. This was done on credit. Mitchell owed $574.00. Grant filed an affidavit of the amount and stated they had reason to believe Mitchell would alienate or destroy the property. Without a hearing, a Judge signed an order of sequestration and directed a constable to take possession after Grant posted a bond for twice that amount that was due.
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