8-126. VACATION OF ORDER OF ARREST — APPLICATION FOR. A defendant arrested may, at any time before the trial of the action, or if there be no trial, before the entry of judgment, apply to the judge of the court in which the action is pending, or to the court, upon reasonable notice, to vacate the order of arrest or to reduce the amount of bail. If the application be made upon affidavits on the part of defendant, but not otherwise, the plaintiff may oppose the same by affidavits, or other proofs, in addition to those on which the order of arrest was made.
History:
[(8-126) C.C.P. 1881, sec. 295; R.S., R.C., & C.L., sec. 4265; C.S., sec. 6754; I.C.A., sec. 6-126.]
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