4.02.130 Execution Prior to Judgment Perishable Goods

Any perishable goods, legal title to which is in the plaintiff or upon which the plaintiff holds a lawful lien, may be taken into custody and delivered to the clerk upon a writ of execution issued prior to judgment, upon motion of the plaintiff, for good cause shown and upon posting bond or making a cash deposit in an amount determined by the Court, not less than double the amount claimed by the plaintiff. Plaintiff shall deposit such additional sum as the Court may fix to cover costs of the execution and of the maintenance of the property while in custody. Any perishable goods seized under subsection (1) shall be sold immediately by the Clerk for a reasonable price. All proceeds of a sale of perishable property shall be held by the Clerk until after judgment is rendered or the case is dismissed. If judgment is for the defendant, the Clerk shall return the proceeds of the sale to him. The bond or cash deposit, less the court costs, and any loss of value to the property or a result of seizure or sale, shall be returned to the plaintiff.