8-105. UNDERTAKING REQUIRED OF PLAINTIFF. Before making the order the judge must require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the judge, which must be at least $500, to the effect that the plaintiff will pay all costs which 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 undertaking. The undertaking must be filed with the clerk of the court.
History:
[(8-105) C.C.P. 1881, sec. 274; R.S., R.C., & C.L., sec. 4244; C.S., sec. 6733; I.C.A., sec. 6-105.]
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