Ark. Code Ann. § 18-60-807 (2026)
Immediate appearance — Impounding of property
If the petitioner for an order of delivery, after otherwise complying with the requirements for issuance thereof, shall present evidence to the court that there is genuine danger that the property sought under the order will be removed from the court's jurisdiction, damaged, concealed, or otherwise jeopardized, the court shall have the power to direct the immediate appearance of the party having possession thereof or, if the party cannot be immediately served but the property can be located, to direct that the property be taken and impounded pending further hearing, in which event it shall be deemed in custodia legis, subject to possession by neither party without further order of the court.
History. Acts 1973, No. 144, § 4; A.S.A. 1947, § 34-2122.
Case Notes
Applicability.
Sections 18-60-804 — 18-60-808 do not apply to attachments; they apply only to actions in which the plaintiff claims a right to possession of property in possession of another, which would usually, if not always, be a replevin suit. Hackworth v. First Nat'l Bank, 265 Ark. 668, 580 S.W.2d 465 (1979).
Cited: McCune v. Brown, 8 Ark. App. 51, 648 S.W.2d 811 (1983).