Title 9, Chapter 13, Section 127
( 9-13-127)
When levy has been made and affidavit and bond delivered to the
levying officer, it shall be the duty of the officer to suspend
further proceedings on the execution and to return the execution,
affidavit, and bond to the next term of the court from which the
execution issued. It shall be the duty of the court to make a
determination thereon at the first term thereof unless the plaintiff
or his attorney desires to controvert the facts contained in the
affidavit, in which case an issue shall be joined and tried by a
jury at the same term unless good cause is shown for a continuance. |